Govt lacks enthusiasm to pursue Musharraf treason case

ISLAMABAD: The instant ruling of the Islamabad High Court (IHC) has revived prospects of resumption of Pervez Musharraf’s trial on the high treason charge although the federal government has apparently lost enthusiasm to vigorously pursue the case in view of different overwhelming developments and priorities.
The November 11, 2014 decision of the three-judge special court headed by Justice Faisal Arab, which was set aside by the IHC on Tuesday, had served as a speed-breaker for the otherwise fast-moving trial, which stood totally halted after that.
Subsequent litigation in the IHC, which was initiated in the wake of this judgment, had also stopped the proceedings to the extent that the special tribunal was left with no job to do. When the IHC verdict was announced, most people including even the federal government had almost forgotten the case that was said to have also served as a major ‘irritant’ in the civ-mil relations.
Precisely a year back, the special court had enlarged the investigation when the case had almost matured for a decision. It then directed the federal government to include former Prime Minister Shaukat Aziz, former Law Minister Zahid Hamid and ex-Chief Justice Abdul Hameed Dogar as co-accused in the list of abettors. The government had implicated only one man, Musharraf, in the high treason case, relying on his state of emergency proclamation that started with his name in his capacity of the Chief of Army Staff, thereby violating the Constitution.
Zahid Hamid, belonging to the Pakistan Muslim League-Nawaz (PML-N), had felt so much pressure of this ruling that he quickly stepped down as the federal minister.
The special court had handed down this decision on an application of Musharraf that had sought his acquittal as well as involvement of those in the case who had advised him to impose the emergency rule on November 3, 2007 for which he was being tried.
This verdict had bewildered Zahid Hamid and Dogar. Shaukat Aziz was hardly bothered. After Tuesday’s decision, Zahid Hamid and Dogar were naturally happy.
However, when contacted by The News, Dogar refused to offer comments saying he had not yet read the order.
Under the latest judgment, the case will be reinvestigated. Originally, the Federal Investigation Agency (FIA) had investigated it. The order said so far as the conclusion of investigation is concerned it is left to the special court which may issue such directions to conclude the probe within certain period stipulated by it.
Likewise, the ruling said, for evidence recorded and to be recorded in view of fresh investigation as desired by the federal government, the special court will be at liberty to adopt the procedure prescribed in the law of evidence and other law.
The investigating officer or agency or Joint Investigation Team (JIT) will not be influenced by observations made in the November 11, 2014 order of the special court.
According to the ruling, for the investigation it is made clear now to come up the repercussions of the defective investigation are to be followed by the special court or the officers conducting probe even to face consequences as defined in the law. Willful negligent act of any officer is required to be proceeded in accordance with law. With expectation that not only the investigation will be conducted impartially, justly and fairly but same will be in accordance with law by keeping all aspects in view.
In the beginning, the present government was reluctant to file the high treason case and constitute the special court for its trial. However, the Supreme Court headed by the then Chief Justice, Iftikhar Muhammad Chaudhry, had threatened the prime minister with a contempt if he failed to obey its order to try the former dictator for violating the constitution by imposing the emergency.
The government was then left with no choice but to order the FIA to investigate. It also formed the special court to hold trial. At the time the prime minister had announced on the floor of the National Assembly that as per the apex court order his government had decided to try Musharraf for high treason.
Even at that time, many influential elements including even Punjab Chief Minister Shahbaz Sharif had opposed the trial on the grounds that it would affect the civ-mil relations. But simultaneously, some hardliners had stood ground and urged the prime minister to arraign the former dictator for playing with the constitution to save his rule.
However, after the 2014 order of the special court a lot of water has flowed under the bridge and the khaki-mufti relations have tremendously improved. It is not known how the federal government will deal with the case now after the IHC order.