Last-minute case blocks Musharraf`s release
2013-10-11
ISLAMABAD, Oct 10: Former president retired Gen Pervez Musharraf, who had been granted bail in all three under trial cases, was put under arrest by police in connection with the Lal Masjid operation case on Thursday.
Amid rumours that the former military ruler might fly out of the country after getting bail in the murder cases of Benazir Bhutto and Akbar Bugti as well as the judges` detention case, a petition was filed in the Islamabad High Court on Thursday seeking placement of his name on the exit control list (ECL).
According to sources, police will produce Gen Musharraf before a magistrate`s court on Friday to seek his judicial remand.
The former president was booked by the Aabpara police on Sept 2 on the directive of the IHC on a complaint filed by Haroon Rasheed, son of Ghazi Abdul Rasheed, deputy Khateeb of Lal Masjid, who was killed in the 2007 operation at the mosque.
Mr Haroon alleged that Gen Musharraf had issued the order for the operation in which his father and grandmother Sabiha Khatoon were killed.
The petition for putting the former president`s name on the ECL was filed by Haroon Rasheed from the platform of his recently established Shuhda Foundation of Pakistan Trust.
Initially, police were reluctant to arrest Gen Musharraf, who is under house arrest at his luxurious Chak Shahzad farmhouse which had been declared a sub-jail, but acted all of a sudden and made the arrest shortly after he submitted surety bonds of Rs4 million in the Supreme Court and the Anti-Terrorism Court in Rawalpindi in connection with bail in the murder cases of Akbar Bugti and Benazir Bhutto. Gen Musharraf has yet to submit a surety bond of Rs500,000 million in the judges` detention case.
After examining the bonds, the apex court and the ATC issued Robkar (release order) for Gen Musharraf.
A four-officer team, headed by SSP Dr Rizwan, came to the former president`s farmhouse and informed him about the arrest in the Lal Masjid operation case.
Sources privy to the development said the police team also interrogated Gen Musharraf and asked various questions relating to the operation.
The former president, according to the sources, categorically denied his involvement in the operation. A source quoted him as saying: `I did not give orders for the operation.
Gen Musharraf told the police officers that the army had been called in at the request of the district administration, which reported the presence of terrorists inside the mosque. The army faced resistance during the action which led to the killings, he added.Asked about the delay of over a month in his arrest, an officer said: `It was laxity of police that he was not arrested earlier.` He denied any other reason behind the delay.
According to the sources, the delay was because two joint investigation teams consututed to look into the case could not start working. The first JIT was disbanded after the complainant expressed reservation over its two members SP Mohammad Ilyas and SP Mustanzar Feroz because they were former army officers and might have sympathy for Gen Musharraf.
Later another JIT was constituted, but its two members DIG Khalid Khattak and SP Jamil Hashmi-requested IG Sikandar Hayat to exclude them from the team. Their request was turned down.
The IHC had on July 12 ordered the Aabpara police to register a murder case while hearing a petition filed by Haroon Rasheed. But instead of complying with the court`s order, police sought opinion of the law ministry.
Police sought guidance on three issues. First, could a case be registered against Gen Musharraf who as president enjoyed immunity when the Lal Masjid operation was carried out? Second, during the operation some army officers were also killed and a case was registered against Lal Masjid clerics, including Maulana Abdul Rasheed Ghazi. Third, under these circumstances, could a case beregistered for the murder of Maulana Ghazi? Finally on Sept 2, the high court summoned Aahpara police station SHO Inspector Qasim Niazi and ordered him to register the murder case in the courtroom and submit its copy, which he did.
In his petition seeking the name of Gen Musharraf on the ECL, Haroon Rasheed said that during the July 310, 2007, operation, about 1,500 innocent children including those orphaned because of earthquake, students, teachers of Jamia Hafsa and Lal Masjid and other people who came to the mosque for prayers had been killed on the orders of Gen Musharraf.
He cited a report of the commission appointed by the SC under a judge of the Federal Shariat Court, Justice Shahzado Sheikh, to probe the incident. He said the commission had examined more than 400 witnesses and held Gen Musharraf responsible for the operation.
Mr Haroon said Gen Musharraf might leave the country before Eidul Azha. `If he leaves Pakistan it will not be possible to bring him back and consequently, not only the report of the commission will become ineffective, but he will also be able to escape trial.
The petitioner requested the court to direct the Ministry of Interior to place Gen Musharraf`s name on the ECL.