Former President General Pervez Musharraf (retd) has been sent a questionnaire under Section 342 of CrPc about the promulgation of a state of emergency and Provisional Constitutional Order (PCO) on 3rd November 2007. The questionnaire contains 27 questions. At the end of the questions, the former army chief has been asked whether he would like to produce anyone or any document in his defence.
The Special Court holding Pervez Musharraf's trial under Article 6 of Constitution for treason charges has summoned him on June 12. The questions are: "Is it correct that on 03-11-2007 you had addressed the nation as President of Pakistan, wherein you declared time and again that you had proclaimed emergency in the country your own accord? Is it correct that pursuant to the Oath of Office (Judges) Order 2007 you appointed Chief Justice of Pakistan and Judges of the Supreme Court, as well as chief justice of High Courts and the judges?
"Is it correct that the acts on your part were never validated or endorsed not any immunity was granted to the said actions by any competent forum or authority, thus were in violation of the Constitution? Is it correct that by promulgation of Proclamation of Emergency Order 2007 you held in abeyance the Constitution?
"Is it correct that you, by holding the Constitution in abeyance, subverted the Constitution and committed the offence of high treason punishable under Section 2 of High Treason Act, (Punishment) 1973? Is it correct that you as Chief of Army Staff on 03-11-2007 imposed emergency and promulgated Proclamation of Emergency Order 2007 with your signatures, brought on record through evidence of Kaleem Ahmed Shahzad, Section Officer, Cabinet Division?
"Is it correct that Proclamation of Emergency Order 2007 was endorsed to different functionaries vide Exb-P-10/4 and published in official gazette? Is it correct that you by issuing President's Order 6 of 2007 Constitution (Second Amendment) Order 2007 empowered yourself as President to amend the Constitution from time to time and also suspended Fundamental Rights enshrined in Articles 9, 10, 15, 16, 17, 19, & 25 of Constitution?
"Is it correct that pursuant to the Oath of office (Judges) Order 2007 numerous judges of the superior courts including the Chief Justice of Pakistan were removed? Is it correct that pursuant to Exb-p-12/25, Articles 175, 186-A, 198, 218, 270-B and 270-C of Constitution were amended, while Article 270AAA was added to the Constitution?
"Is it correct that the acts as noted in the preceding questions were taken by you in your individual capacity without consulting any authority, as the respective record is silent about the consultative process, and giving of the assent by the respective authorities for the subject acts?"
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