Treason case: Court reserves verdict on FIA report plea until May 8

ISLAMABAD: The Special Court, hearing high treason case against former President Gen (retd) Pervez Musharraf, reserved its verdict over the Defence Counsel's demand for provision of inquiry report of Federal Investigation Agency (FIA) until May 8, Geo News reported.

The Special Court headed by Justice Faisal Arab comprising Justice Tahira Safdar and Justice Yawar Ali resumed hearing of the case.

During the course of proceedings, counsel for Pervez Musharraf, Barrister Farogh Nasim withdrew the two petitions relating to section 6-A of the Special Court Act-1976. He submitted that section 6-A of Special Court Act-1976 has expired and his petitions in this regard may kindly be returned and added he would be presenting his reservations verbally.

At his moment, prosecutor Akram Sheikh on objection said that the defence counsel on the one hand was taking back the petitions and on the other continuing his arguments.

Barrister Farogh Nasim prayed to the court not to further proceed in the case until the ruling on the handing over to him a copy of the FIA report announced. He said he would finalize his future strategy in the light of the court’s decision and hastily added that it should not be perceived that the trial proceeding being delayed because of him. The court fixing the date for the announcement of ruling over FIA report plea adjourn the hearing, he submitted.

Later, the court approved the withdrawal of petitions that stated the law under which the accused indicted was superseded by 1981 Ordinance.

The court adjourned further hearing of the case until May 8.

Special court reserves judgment on Musharraf’s plea seeking FIA inquiry report

 

ISLAMABAD: The Special Court hearing the high treason case on Friday reserved the decision on the accused Pervez Musharraf’s plea seeking copies of the inquiry and investigation report of the Federal Investigation Agency (FIA) regarding the action taken on November 3, 2007.
A three-member Special Court, headed by Justice Faisal Arab and comprising Justice Tahira Safdar and Justice Yawar Ali, resumed hearing in the high treason case against former military dictator General (retd) Pervez Musharaf for imposing the emergency rule in the country on November 3, 2007.

Continuing his arguments in rebuttal to the prosecution, Barrister Farogh Naseem, counsel for Pervez Musharraf, questioned as to whether the court and prosecution did not want that the instant trial should be conducted in a fair manner, adding that in order to ensure a fair trial, all the material including inquiry and investigation report of the Federal Investigation Agency had to be provided to the accused so that he could plead his case effectively.

The learned counsel contended that if all this material was not provided to the accused, then the trial could be restarted. He further submitted that the investigation report of FIA does not fall in the ambit of the Official Secrets Act that could be concealed from the defence.

At this, Dr Tariq Hassan from the prosecution side told the court that the investigation report of FIA does fall in the ambit of the Official Secrets Act and that was why it was being kept secret.

Justice Faisal Arab, however, observed that if the investigation report was secret, it would not have been released to the media.Farogh Naseem further contended that he was not asking the investigation report of FIA only but also seeking the whole record pertaining to the instant case, adding that without these, there would not be a fair trial.

He requested the court to issue directives for providing all the record pertaining to the case to the accused so that he could plead the case in an effective manner.Meanwhile, the court reserved the decision on the application and adjourned the hearing till April 28. The court ruled that it would take up other two applications, filed by the accused including seeking the trial of other persons under Article 6 of the Constitution who advised the accused to impose the emergency rule on November 3, 2007.

Treason case: Court reserves order on providing FIA report to accused

ISLAMABAD: The Special Court on Friday resumed hearing the petitions seeking treason case against former president General (Retd) Pervez Musharraf and reserved the order on providing the investigative report of the Federal Investigation Agency (FIA) to the accused, Geo News reported.

The three-judge bench headed by Justice Faisal Arab and comprising Justice Syeda Tahira Safdar and Justice Yawar Ali Khan heard the case today.

During today’s hearing, lawyer of former president Farogh Nasim argued that there is an official secret act in the country. Tariq Hassan said that he is not claiming that the investigative report is secret under the official secret act.

Justice Faisal Arab remarked that had it been a secret, the report would not have broadcasted on the media.

Barrister Farogh Nasim said demanded that not only the FIA report should be handed over to him, but all the relevant documents should also be provided.

He, then, challenged the complete process of the proceedings under Article 6 and questioned that how the inquiry was initiated, who ordered the inquiry and what were the findings of the investigation.

The court, later, saved the order on providing the FIA report to the accused and adjourned the hearing till April 28.

On Thursday, Barrister Farogh Nasim had requested the court to order government to provide him with the FIA report. He had told the court that he will submit his reply on prosecutor Akram Sheikh’s arguments and requested the court to use its authority and order the government to provide him the investigative report submitted by the FIA.

Prosecutor Akram Sheikh, however, denied to hand over the investigative report to the accused party.

Barrister Farogh Nasim argued that the Special Court Act is not comprehensive and that is why the Supreme Court had ordered for criminal proceedings in the case.

On March 31, Musharraf was formally charged for subverting the Constitution by imposing emergency on November 3, 2007. Musharraf had rejected all the charges levelled against him.