Setting aside special court's decision, Islamabad High Court (IHC) on Tuesday ordered for the re-investigation of the high treason case of former President General Pervez Musharraf (Retd). Earlier, the special court had directed the federal government to resubmit its complaint in the case after including the names of abettors in the charge sheet.
A two-member bench comprising Justice Noor ul Haq N. Qureshi and Justice Aamir Farooq disposed of petitions filed by former Prime Minister Shaukat Aziz, former federal minister Zahid Hamid and former Chief Justice Abdul Hameed Dogar by setting aside their nomination ordered dated November 21, 2014 by special court to include them for investigation for being co-accused in the high treason case for imposing emergency on November 3, 2007.
Aziz, Dogar and Hamid through their petitions challenged the order of special court in the high treason case about their implication as co-accused in the said case. The court directed the federal government that the parties to the present litigation should not be prejudiced by the impugned order or any adverse view drawn therein, adding that the joint investigation team (JIT) or any investigating agency would not be influenced by any means.
During the course of arguments, the Federal Government submitted that the three petitioners were summoned as co-accused without any investigation, adding that the adverse remarks and observations made by the learned special court in the impugned order against the Federal government and the petitioners be expunged. However, Farogh Nasim the counsel for General Musharraf, stated that in case observations made by the Court are expunged, then there would be nothing against them and they might take undue advantage thereof during investigation, adding that agency should not be influenced by such expunction.
The court observed that the legal course is necessary to be adopted for investigation as the case of high treason is not a personal affair of either Federal Government or investigating agency. IHC in its verdict of November 11, 2015 observed that the high treason case is not like nature of other offences...in case of high treason waiver is not prerogative of any authority. By virtue of Article 6 of the constitution and sections applied in the complaint it is explicitly clear that aider, abettor or facilitators are required to be prosecuted.
The IHC pointed out that the investigation officer under the Police Rules 1934 has to place every aspect of the case before the special court. IHC bench however left upon the special court the matter regarding conclusion of investigation. The court order said special court "may issue such directions to conclude the investigation within certain period stipulated by it. Likewise, for evidence recorded and to be recorded in view of fresh investigation as desired by the federal government. The learned special court will be at liberty to adopt the procedure prescribed under the Qanun-e-Shahdat Order 1984 Criminal Law."
According to the proclamation issued for the November 3 emergency, General Musharraf imposed the emergency after consulting the then prime minister, the governors of all four provinces and the chairman of joint chiefs of staff committee, the chiefs of the armed forces, the vice-chief of army staff and the corps commanders of the Pakistan Army.
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