A member of the FIA team tasked with probing the high treason case said that they had recorded the statements of many involved in the promulgation of November 3, 2007 emergency, but no concrete evidence could be gathered against Musharraf.
The investigation officer complained about non-cooperation of several officials during the investigation.
“There is need of special court’s assistance to get solid evidences in high treason case and we are filing a very brief complaint against the former army chief,” said a member of the probe team on the condition of anonymity.
A four-member FIA committee comprising Khalid Qureshi, Azam Khan, Hussain Asghar and Maqsoodul Hassan is collecting evidences against Musharraf. FIA team had not declared the former military dictator as lone accused in the treason case, and has mentioned ‘others’ in the complaint. They also said that the defence secretary did not provide details of the meeting of core commanders of Pakistan Army in which the November 3, 2007 emergency was approved.
The FIA official said that they had intimated the Interior Ministry about the non-cooperation of the Defence Ministry but Interior Minister Chaudhry Nisar Ali Khan did not take any action in this regard. The sources also said that no FIR would be registered against Musharraf during the trial.
Muneer A Malik, the AGP on the other hand claimed that investigators have solid evidence against Musharraf in the high treason case and he might face capital punishment or life imprisonment.
He said once the private complaint is lodged by the interior secretary under rules, the notices would be issued and then the Federal Investigation Agency could arrest him.
Meanwhile, it has been learnt that the AGP advised the federal government that instead of deciding the names of three judges for special court itself it should consult the chief justice of Pakistan, as there were five high courts in the country, while under section 4 of the Criminal Law Amendment (Special Courts) Act, 1976 the special court should comprise of three judges of high courts.
Out of the five nominees, the prime minister Tuesday nominated Justice Faisal Arab of the Sindh High Court, Justice Mohammad Yawar Ali Khan of the Lahore High Court and Justice Tahira Safdar of the Balochistan High Court for the special court.
A three-member bench on July 3, 2013, in view of the federal government’s undertaking given on June 26, 2013, while disposing of the petitions that demanded registration of high treason case against Musharraf, directed the government to conclude the investigation without unnecessary delay.
President Syed Mamnoon Hussain approved the constitution of special court on Thursday. The court will function in the building of the Federal Shariat Court. The services of registrar FSC have been sought for the special court.