ISLAMABAD: Farogh Nasim, counsel for Pervez Musharraf, Thursday once again appealed the Special bench to use its authority and order for providing Federal Investigation Agency’s inquiry and investigation report to the Defence counsel.
The three-member Special Tribunal, headed by Justice Faisal Arab comprising Justice Tahira Safdar and Justice Yawar Ali, resumed hearing of the treason case against former President Gen (retd) Pervez Musharraf for abrogating the Constitution.
Farogh Nasim reiterated that Pervez Musharraf took the 3 November 2007 actions on the suggestion of the then prime minister and federal cabinet.
He argued that the prosecution’s witnesses could not be cross-examined until the report was received; adding that if it could be provided to journalists why is it being hidden from the accused.
Farogh Nasim, in his arguments, said that Pervez Musharraf was not solely responsible for proclamation of Emergency on November-03, 2007, the then prime minister and others also shared responsibility.
He said that the Article 187 can provide guidance on the issue. He said the special court can exercise the high court powers for the hearing and have powers to issue directives during the case proceeding.
Naseem said it was the right of defence to get the inquiry report under which case had been registered against his client.
He said that according to Article 90 fair trial was the basic right of every citizen which cannot be denied to anyone.
Justice Faisal Arab remarked that it’s the court mandate to pass order regarding continuation of the hearing and Constitution’s all Articles could not be read in the light of Article 90. Farogh NAsim said that it was a basic right and no one can go beyond this law as the Supreme Court also declared in its orders that basic human right was above every Article of the Constitution. He also alleged that that the government has misplaced all documents regarding the action of November 03, 2007 Emergency actions and added that the government was responsible to provide seven-year old documents.
He said that inquiry and investigation was conducted by the same team and after seeing the report the counsel would decide whether all stages were completed in a transparent manner or not. He said that charge was framed against his client without provision of witness certificate which rave in justice. Justice Faisal Arab remarked that after the completion of investigation report, the inquiry report would lose it status as inquiry report only asses that whether the case should be registered or not.
Member Prosecution team Dr. Tariq Hassan told the court that all relevant documents would be provided on the time of witnesses. On this Justice Faisal Arab asked the prosecution to wait the court order in this regard. Later the court adjourned hearing till Friday and Musharraf’s lawyer Farogh Nasim would continue his arguments.
Speaking to reporters outside the Special Court premises, Farogh Nasim said had Musharraf not implemented the directives of the then prime minister, constitutional complication would have arisen.