Third November action: Pervez Musharraf didn’t consult cabinet, PM, governors

ISLAMABAD: The FIA Inquiry Report on 3rd Nov 2007 Emergency, which led to the institution of high treason case against Pervez Musharraf, had concluded that “irrefutable proof and concrete documentary evidence” is available that the former dictator acted unconstitutionally to subvert the Constitution and dismiss the judges in order to prolong his one-man rule unlawfully.

A copy of the Inquiry Report, available with The News, shows that the FIA team probing the matter had recorded statement of 13 witnesses including the then attorney general, secretary cabinet, secretary to the president, secretary to the PM, law secretary etc. but none confirmed Musharraf’s claim that he had discussedthe unconstitutional step with many including the then cabinet.

The then governor Punjab and Lt Gen (R) Khalid Maqbool also informed the FIA Inquiry Team that Musharraf’s claim in the Proclamation Order regarding consultation with prime ministers, governor etc was incorrect.

The then attorney general Justice (R) Malik Muhammad Qayyum categorically said he had not forwarded any written advice, input or summary to Gen Musharraf regarding proclamation of emergency in the country. He instead said Musharraf neither discussed the Proclamation of Emergency issue with him nor sought any advice.

Malik Qayyum, according to the report, said he had no prior knowledge of the Nov 3 action, adding, “It was widely known that General (R) Pervez Musharraf was getting advice on Proclamation of Emergency from Mr Sharifuddin Pirzada, Senior Advisor to Prime Minister on Law”.

Regarding Defence Ministry and GHQ, the report said, “The Enquiry Team made a number of attempts to obtain summary, notes & proposal etc. concerning Proclamation of Emergency issued by General Pervez Musharraf on 3rd November, 2007 as COAS. However, despite the appointment of Focal Officer, Mr Anzar Rizvi by Ministry of Defence no such document or relevant record was provided or shown to the enquiry team.”

The then principal secretary law Justice (R) Mian Muhammad Ajmal told the FIA team that he had no knowledge of any summary regarding Proclamation of 3rd November, 2007 nor his office had issued the Proclamation. However, once the Proclamation was issued, the PM Secretariat asked him to sign a notification of seizure of office of judges of the Supreme Court.

Ajmal said Musharraf never sought his input but added, “It was widely known that General Pervez Musharraf was consulting Malik Qayyum, Attorney General for Pakistan, Sharifuddin Pirzada, Senior Advisor to Prime Minister on Law, and Mr Ahmad Raza Kasuri.”

The then secretary cabinet Syed Masud Alam Rizvi said during his tenure, the then prime minister Shaukat Aziz forwarded no advice regarding Proclamation of Emergency to the president. He categorically stated that 3rd November 2007 was signed by General Pervez Musharraf as COAS.

“It (Proclamation) came to his office from the Presidency in the evening and he endorsed it to be published as a Notification from the Printing Corporation of Pakistan for dissemination to all governors, federal secretaries etc.”

Rizvi added that as far his knowledge was concerned, prior to the proclamation the issues raised in the proclamation were not discussed in the federal cabinet nor was a summary forwarded by the prime minister to the president. He, however, could not clarify why he notified the Proclamation of 3rd November, 2007 signed by Musharraf without approval of the prime Minister, who was the executive head of the government.

The then secretary to the president Mohsin Hafeez said the Proclamation Order was issued by General Musharraf as Chief of Army Staff, hence, the President Secretariat had nothing to do with it. Hafeez also had no knowledge of meeting, summary, minutes on the subject. He, however, questioned how the cabinet secretary could notify such proclamation without the written approval of prime minister.

The then principal secretary to the prime minister Khalid Saeed said according to his knowledge no official meeting was held between Shaukat Aziz and Musharraf on the matter before the issuance of Proclamation. He also stated that to the best of his knowledge, the PM Office did not receive any report, evidence or document from law ministry against the conduct of judges of SC.

He, however, could not clarify why the cabinet secretary notified the Proclamation without knowledge or approval of PM. He stated that may be implicit approval of PM had been obtained by the COAS and cabinet secretary.

The then governor Punjab Lt Gen (R) Khalid Maqbool forwarded a written statement to the FIA team in which he stated that Musharraf’s claim in the Proclamation regarding consultation with the PM, governors etc. was incorrect. Maqbool was directed to record his statement in person before the inquiry team as required by the law but he didn’t appear before the FIA.

The FIA report said Musharraf was also summoned to join the probe and give his defence but his staff had replied that the retired General suddenly fell ill with a “low grade fever” and was hence unable to join the investigation. The FIA was told that Musharraf will join the probe later but he did not cooperate.

In view of its investigation, the FIA team had concluded its report on Nov 16, 2013 and recommended, “The Competent Authority in the Federal Government may lodge a formal complaint against General (R) Pervaiz Musharraf under the High Treason (Punishment) Act 1973 in the Special Tribunal/Court notified by the Federal Government. The team further recommends that the Competent Authority may also take into account the role of various facilitators in the unconstitutional Proclamation of Emergency on 3rd November, 2007.”