FIA prays ATC to reject Mush plea

ISLAMABAD - In reply to the application submitted by Pervez Musharraf, the Federal Investigation Agency (FIA) on Saturday prayed the Supreme Court that former military ruler’s adjournment application be dismissed in order to ensure justice.General (r) Pervez Musharraf, who has been declared a proclaimed offender (PO), has sought an one-month adjournment through an application filed by his counsel Sheharyar Advocate, stating that he had not received any copy of the case, as he sought more time form the court to file a reply.Musharraf contended that all the charges against him were baseless; however, he stated that he was the citizen of Pakistan and had constitutional right to defend himself.The FIA statement said the court had observed that a PO had no locus standi to represent itself in the court through any of his counsel/representative without surrendering himself before the court. The Anti-Terrorism Court III, Rawalpindi, had declared Musharraf vide order dated 11.06.2011. The trial court on receipt of challans submitted by the FIA Joint Investigation Team (JIT) framed charges against the accused persons and recorded evidence of 14 PWs, while eight of them, including Musharraf, were declared POs.Immediately after the assassination of Benazir Bhutto on December 27, 2007, the then Punjab home secretary notified the JIT vide letter No SO (SPL.CTS) 11-296/07 dated December 31. 2007. The JIT Punjab Police headed by A Majeed, Additional Inspector General CID, submitted five interim challans against five accused in the ATC.However, the incumbent federal government transferred the case for further investigation u/s 19(I) ATA 1997 to the newly notified FIA JIT vide No. F. No. 1/1/2008-DS (FIA) dated 06.8.2009. During investigation, the FIA independently examined all the available evidence in a professional & transparent manner.On the basis of independent evidence, two police officers, the then Rawalpindi CPO Saud Aziz and SP Khurram Shahzad, were arrested and challaned as accused in the case.The JIT also made part of the case file copy of the letter of Benazir Bhutto addressed to Musharraf, in which she nominated five persons including Brig (r) Ejaz Shah, Ch Pervaiz Elahi, Gen (r) Hamid Gul and others, in case there was an attempt on her life. The JIT made hectic efforts to trace the conspirators and facilitators belonging to terrorist organisation behind the assassination.The JIT member visited Fata and Madrasah Haqqania Akora Khattak and seized record pertaining to the accused.A JIT member also visited the US to record statement of Mark Siegel who provided a copy of Benazir Bhutto’s email to him. Bhutto in this e-mail categorically held Musharraf responsible if she was harmed. Subsequently, Musharraf was declared a PO. As incriminating evidence was not found against other nominated persons, they were not challaned in the case.The FIA reply says the JIT summoned petitioner Ch Aslam, alleged Protocol Officer of Benazir Bhutto, to provide evidence being present and one of the injured amongst 86 injured persons in the bomb blast. However, he, on various pretexts, neither joined nor produced any evidence at all. During investigation, a number of PPP office bearers were examined including Makhdoom Amin Fahim and Zamurd Khan. None of the witnesses recognised Aslam as PRO of Benazir Bhutto. Hence, his contentions and credentials are unreliable.During investigation, Aslam was summoned by the JIT to join the investigation but he deliberately did not appear to record his version. The entire contention of the petitioner is misconceived and having no truth whatsoever.Aslam had filed a petition in Lahore High Court Rawalpindi Bench after one and half year of the murder.

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