ISLAMABAD - The Special Court Friday reserved verdict on non-provision of Federal Investigation Agency (FIA) inquiry and investigation report to former President Pervez Musharraf.
A three-member special court headed by Justice Faisal Arab and comprising Justice Tahira Safdar and Justice Yawar Ali resumed hearing into the federation’s complaint for initiating high treason case against the former army chief for proclamation of emergency in the country on 3rd of November 2007.
Farogh Naseem rebutting the prosecution stance questioned as to whether the court and prosecution didn’t want that the instant trial should be conducted in a fair manner. He said in order to ensure fair trial, all the material including FIA inquiry and investigation report should be provided to the accused so that he could plead his case effectively.
He contended if all these material were not provided to the accused then the trial could be restarted. He further submitted that the investigation report of FIA did not fall in the ambit of Official Secret Act that could be concealed from the defendant.
Dr Tariq Hassan from the prosecution side told the court that investigation report of FIA did fall in the ambit of Official Secret Act and that’s why it was being kept secret.
Justice Faisal Arab, however, observed if the investigation report was secret then why it was released to media.
Farogh Naseem further contended that he was not asking only for the investigation report of FIA, but also seeking the whole record pertaining to the instant case, adding that without those documents there would be no fair trial. He requested the court to issue directives for providing all the record pertaining to the case to the accused so that he could plead the case in an effective manner.
The court after hearing the parties reserved the decision on the application and adjourned the case till April 28.
The court ruled that it would take up two other applications filed by the accused, including the one seeking trial of other persons who advised the accused to impose emergency on 3rd of November 2007.