ISLAMABAD: Former president Pervez Musharraf claimed that PML-N leader Zahid Hamid, former prime minister Shaukat Aziz and former chief justice Abdul Hameed Dogar “implemented and executed” the November 3, 2007, emergency for which he (Musharraf) is facing the high treason trial.

A written reply submitted by the former president to the Islamabad High Court (IHC) said Zahid Hamid, Shaukat Aziz and Justice Dogar were now “attempting to mislead this Hon’ble Court by discounting involvement in the emergency of November 3, 2007.”

The much-awaited reply of Gen Musharraf was filed after the PML-N government in a written statement produced before the IHC expressed its willingness to investigate the role of the three persons in the imposition of the 2007 emergency.

The reply was awaited since December last year when the IHC admitted petitions for regular hearing and also restrained the special court from proceeding in the treason trial. These petitions were filed with the IHC after the special court ordered the federal government to include the three persons as the co-accused in the case.

Ex-military ruler informs IHC the three were fully involved in the affairs of state before and after the imposition of emergency in 2007

The reply by the former military ruler alleged that Hamid, Aziz and Dogar were “fully involved” in the affairs of the state before and after the imposition of emergency. Explaining the role of each of them, Gen Musharraf stated that “all the acts which took place on and after November 3, 2007, and which have been made the subject matter of the trial in question could not have been performed, carried out, executed or implemented without the active participation of individuals such as the petitioner (Zahid Hamid).

Gen Musharraf also alleged that the then prime minister Shaukat Aziz had rendered an ample assistance in imposing the emergency. The reply stated: “The letter dated Nov 3, 2007, was only one of the modes in which the petitioner (Aziz) had rendered assistance for the implementation and execution of the instruments issued on that date.” Mr Aziz is attempting to mislead the court by twisting the facts in order to show that he had no role in imposition of the emergency, it added.

As far as the role of Justice Dogar was concerned, Musharraf’s reply claimed that the stance of the then chief justice that he had nothing to do with the imposition of emergency was wrong. “It is necessary to mention that the acts of November 3, 2007, could not have been implemented or executed alone. Therefore, it is wrong for the petitioner to contend otherwise.”

When contacted, Justice Dogar said he did not play any role in the imposition or execution of the emergency. According to him, the imposition of emergency was an act of executive and the judiciary had nothing to do with any decision taken by the executive.

Advocate Faisal Hussain, the counsel for Gen Musharraf, however, said the imposition of emergency was a collective decision of the then federal cabinet but Justice Dogar was also one of the beneficiaries of the emergency.

“If Justice Dogar was not an abettor, he can explain his position before the investigation agency and he may be exonerated,” he said.

Published in Dawn, June 5th, 2015

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