ISLAMABAD: The special court trying former military dictator Pervez Musharraf for high treason was on Wednesday told by the prosecutor, Akram Sheikh, that “there are no co-accused” in the matter nor has any evidence been found to this effect.
He said the matter was investigated and material for prosecution was available only against Musharraf hence the complaint was filed against him. Sheikh said that the Federal Investigation Agency (FIA) “found evidences only against the former president” regarding proclamation of November 2007 emergency. While submitting his written answer to the special court, the chief prosecutor said that in accordance with the law “the person signing a document is solely responsible for the act”, and in this matter the FIA found no documentary evidences or summary signed by the then prime minister regarding the imposition of emergency in November 2007.
He further submitted that “no record of the cabinet’s approval was found” and if Musharraf was advised by someone to impose emergency in 2007, then he should inform the court. Sheikh said it was the responsibility of the accused to provide evidences to verify the claim regarding the involvement of abettors or facilitators during imposition of emergency. “Section 5 (1) (a) of the Criminal Law Amendment Act 1976 even if read as parameteria to SS (2) of Section 265 C of the Cr. P. C, it stands established that all the requirements of law in this regard have already been complied with,” the prosecutor said.
On Justice Arab’s inquiry about the Joint Investigation Team’s (JIT) report, the prosecutor responded that joint secretary interior has brought the report, and if required it would be presented in the court. Sheikh added that no evidences of consultation were found in the record prior to the imposition of emergency in 2007. The chief prosecutor said that implicating someone without any evidence was unconstitutional and against the fundamental right of a fair trial.
“It was not obligatory upon the federal government to supply copies of statements of all the persons examined during the inquiry or investigation as envisaged by Section 5 (1) of Criminal Law Amendment Act 1976,” Sheikh said. The court adjourned the hearing of the treason case to April 24 and said that the decision regarding the appointment of the prosecutor would be announced on April 18 (tomorrow). The defence counsel for Musharraf had on Tuesday asked the special court to summon all those who abetted him in the imposition of emergency.
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