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Special court orders re-investigation in treason case

By Malik Asad 2015-11-28
ISLAMABAD: A three-member special court ordered the federal government on Friday to re-investigate former president retired Gen Pervez Musharraf, former prime minister Shaukat Aziz, former chief justice of the Supreme Court Abdul Hameed Dogar and incumbent Minister for Climate Change Zahid Hamid in the high treason case and submit its report by Dec17.

The court headed by Justice Faisal Arab turned down a request for including representatives of the Military Intelligence(MI), Inter Services Intelligence (ISI) and Intelligence Bureau (IB) in the joint investigation team (JIT).

The courtsaidinits orderthatifthe JIT could not complete the investigation by Dec 17, a progress report on the probe be submitted at the next hearing on Dec 17.

The four-page order referred to a statement submitted by the federal government to the Islamabad High Court that it was ready to re-investigate the case.

The statement was submitted to the high court during hearing of petitions filed by Shaukat Aziz, Zahid Hamid and Abdul Hameed Dogar against the special court`s Nov 2014 order nominating them as co-accusedinthe treasoncase.

The special court observed that the request by Barrister Farogh Nasim, the lead counsel for Gen Musharraf, for including the representatives of MI, ISI and IB in the investigation team was contrary to the Federal Investigation Agency (FIA) Act 1974.

Barrister Mohammad Akram Sheikh, head of the prosecution team, argued that since high treason was one of the schedule offences in the act, only the FIA could investigate the case.

The court said: `We may clarify that the job of the investigation team is only to collect the evidence and place it before theaccusedinthe treasoncase.

The special court observed that the request by Barrister Farogh Nasim, the lead counsel for Gen Musharraf, for including the representatives of MI, ISI and IB in the investigation team was contrary to the Federal Investigation Agency (FIA) Act 1974.

Barrister Mohammad Akram Sheikh, head of the prosecution team, argued that since high treason was one of the schedule offences in the act, only the FIA could investigate the case.

The court said: `We may clarify that the job of the investigation team is only to collect the evidence and place it before theaccusedinthe treasoncase.

The special court observed that the request by Barrister Farogh Nasim, the lead counsel for Gen Musharraf, for including the representatives of MI, ISI and IB in the investigation team was contrary to the Federal Investigation Agency (FIA) Act 1974.

Barrister Mohammad Akram Sheikh, head of the prosecution team, argued that since high treason was one of the schedule offences in the act, only the FIA could investigate the case.

The court said: `We may clarify that the job of the investigation team is only to collect the evidence and place it before theaccusedinthe treasoncase.

The special court observed that the request by Barrister Farogh Nasim, the lead counsel for Gen Musharraf, for including the representatives of MI, ISI and IB in the investigation team was contrary to the Federal Investigation Agency (FIA) Act 1974.

Barrister Mohammad Akram Sheikh, head of the prosecution team, argued that since high treason was one of the schedule offences in the act, only the FIA could investigate the case.

The court said: `We may clarify that the job of the investigation team is only to collect the evidence and place it before thecourt. The investigation team keeping in view the event (imposition of emergency on Nov 3, 2007) which is the basis of this complaint has to record statements of the persons who could be presumed to be associated with the commission of the alleged crime...The investigation team shall be free to examine any official record of the federal government or any other document that is made available by the persons whose statements are to be recorded.

`In the process whatever documents that in the opinion of the investigation team may have any relevance with the main event the same shall also be examined so that the truth can be ascertained.