ISLAMABAD: The head of the team that investigated the high treason charges against retired General Pervez Musharraf, on Tuesday, admitted before a special court that in his capacity as president, he could constitutionally impose a state of emergency. But he maintained that the November 3, 2007 proclamation he issued as chief of army staff was unconstitutional.

During his cross examination, FIA Additional Director General Khalid Qureshi said that in his capacity as president, Gen Musharraf could have imposed emergency following advice from then-Prime Minister Shaukat Aziz.

He was answering a question, posed to him by Musharraf’s counsel Farogh Nasim, asking him whether the general was “empowered on November 3, 2007 to impose emergency while holding dual office of president and chief of army staff (COAS)”.

However, Mr Qureshi stated under oath that the prime minister did not advise Gen Musharraf to impose emergency, adding that Musharraf issued the November 3 proclamation as COAS, not as president.

Lead investigator tells court military ruler could’ve constitutionally issued order as president

Referring to the statements of key witnesses including then-Attorney General Malik Qayyum, former Law Division Principal Secretary retired Justice Mohammad Ajmal Mian and former Cabinet Secretary Masood Alam Rizvi, Mr Qureshi explained that none of these aides to the former president had any knowledge of any advice the prime minister might have given with regard to the emergency proclamation.

The lead investigator also stated that during the probe into charges of high treason, these witnesses denied the existence of any such summary, advising the military ruler to impose emergency in November 2007.

The investigator also said that FIA Director Maqsoodul Hassan approached the Prime Minister’s Secretariat to obtain the relevant records, but nothing matching such advice was found.

Barrister Nasim reminded the witness that in its judgment of July 31, 2009 on a Sindh High Court Bar Association petition, the Supreme Court had incorporated a letter written by Prime Minister Aziz, where he had expressed concerns over certain issues, including successive suo motu notices, which had brought the government to a standstill.

But Mr Qureshi pointed out that the letter did not contain any explicit advice for the imposition of emergency.

Mr Qureshi said the letter had also been considered by the apex court, which had exonerated Mr Aziz, while the witnesses did not mention anything about the former prime minister in their testimonies; therefore Mr Aziz was not summoned for interrogation.

He said that apart from a letter from November 3, 2007, there is nothing on the record that could prove that Shaukat Aziz had advised Gen Musharraf to impose a state of emergency.

The court then adjourned proceedings until Wednesday, when defence lawyers would continue their cross examination of Mr Qureshi.

Published in Dawn, September 17th, 2014