ISLAMABAD:
Four retired federal secretaries and many others can be involved in the
Musharraf high treason case by the defence team for implementing the
dictator’s November 3, 2007 unconstitutional order and are therefore
vulnerable.
The FIA inquiry report into the matter
did not find any abettor but talked of “implementers”.As Musharraf’s
trial finally takes off after his indictment, which removed many hurdles
and hiccups, Musharraf’s defence team will now focus on who did what on
November 3, 2007 to complicate the case.
According to
sources, though the FIA inquiry report into General Pervez Musharraf’s
case under Article 6 of the Constitution did not find any abettor or
corroborator on the civilian side, it did say that the then secretary to
the president, cabinet secretary, interior secretary, law secretary and
others were among the implementers of the unconstitutional order.
Regarding
the military side, the FIA team investigating the matter was never
allowed to enter the GHQ. The report established one fact that nothing
was found from the Presidency, the Prime Minister’s Office, cabinet
secretariat, the law ministry and other government offices to establish
that they were involved in the preparation of the November 3 order,
which was the basis for the abrogation of the Constitution and the
unconstitutional and illegal removal of dozens of judges.
On
the civilian side, all government officials interviewed as yet by the
FIA team have revealed that they were not involved in the preparation of
the order but had received it for implementation. The unconstitutional
PCO was notified by the secretary cabinet, who was conveyed the said
order through the-then secretary to the prime minister.
The-then
secretary law and the-then interior secretary got the PCO implemented
through the official machinery. Musharraf’s defence team is expected to
get the “implementers” involved. However, it is yet to be seen if the
VVIP accused would allow his legal team to get the record of the GHQ
scanned with the hope that it might help to save his skin.
In
his unconstitutional Proclamation of Emergency Order, Musharraf had
stated that the situation had been reviewed in meetings with the prime
minister, governors of all the four provinces, and with chairman joint
chiefs of staff committee, chiefs of the armed forces, vice chief of the
army staff and corps commanders of the Pakistan Army, and emergency was
proclaimed in pursuance of the deliberations and decisions of the said
meetings.....”
Musharraf’s claim about his “consultation”
with the civilian government has not been proved from any official
record with the civilians. The FIA team wanted to see who in the GHQ and
from amongst the-then military commanders had been consulted in
preparation of the said order but it could not be done.
The
Supreme Court, in its July 31, 2009 judgment, had found Musharraf
making a wrong statement in his Proclamation of Emergency Order. The SC
had ruled, “The statement made in Proclamation of Emergency that the
situation had been reviewed in meetings with the prime minister,
governors of all the four provinces, and with chairman, joint chiefs of
staff committee, chiefs of the armed forces, vice chief of army staff
and corps commanders of the Pakistan Army, and emergency was proclaimed
in pursuance of the deliberations and decisions of the said meetings,
was incorrect. The Proclamation of Emergency emanated from his person,
which was apparent from the words ‘I, General Pervez Musharraf......’
used in it.”
According to the SC ruling, the actions of
General Parvez Musharraf dated November 3, 2007 were the result of his
apprehensions regarding the decision of Wajihuddin Ahmed’s case and his
resultant disqualification to contest the election of president.
Therefore, it could not be said that the said actions were taken for the
welfare of the people. Clearly, the same were taken by him in his own
interest and for illegal and unlawful personal gain of manoeuvring
another term in office of president, therefore, the same were mala fide
as well.
