ISLAMABAD: The Islamabad High Court (IHC) on Monday reserved its verdict on petitions filed by the former prime minister Shaukat Aziz, ex-federal minister Zahid Hamid and former chief justice of Pakistan Abdul Hameed Dogar against the order of the special court nominating them as co-accused in the high treason case.

The treason trial of former president Pervez Musharraf in the special court was suspended after the IHC in December last year admitted the petitions for regular hearing and issued a stay order.

The three petitions were filed against the special court’s November 21, 2014, order asking the federal government to include the three persons (Shaukat Aziz, Hameed Dogar and Zahid Hamid) as the co-accused in the treason case for imposing emergency on Nov 3, 2007.

When the IHC bench, comprising Justice Noorul Haq N. Qureshi and Justice Aamir Farooq, resumed hearing of the petitions, Additional Attorney General Afnan Karim Kundi informed the court that the federal government was ready to examine the role of any aider or abettor in the imposition of emergency.

Court asked the govt to nominate Shaukat Aziz, Zahid Hamid and Hameed Dogar as co-accused in high treason case

But he requested the court to expunge the “adverse remarks and observations made by the special court against the federal government and the investigating agency.”

The special court had used the word “selective investigation” which the government wanted to be expunged.

Barrister Farogh Nasim, the counsel for Gen Musharraf, told the court that the former military ruler imposed the emergency on the advice of the then prime minister Shaukat Aziz. He claimed that the action was also endorsed by the then federal cabinet.

He requested the bench to direct the Federal Investigation Agency (FIA) to reinvestigate the case in a fair and transparent manner and without being influenced by the observations of the special court.

He suggested that during the course of reinvestigation, the statement of Gen Musharraf might also be recorded.

Khawaja Haris Ahmed, the counsel for Zahid Hamid, contended that the special court’s order of November 21, 2014, was issued specifically against the three persons.

He, however, said his client was willing to be investigated but in a fair and transparent manner.

The court also took up a petition filed by Taufiq Asif, former president of the Lahore High Court (LHC) Rawalpindi bar association.

His counsel Raja Saimul Haq Satti requested the court to direct the special court to continue with the trial of Gen Musharraf while keeping aside the investigation against the three co-accused persons.

The bench reserved the order on the maintainability of the petition of Mr Asif as well.

Published in Dawn, October 20th , 2015

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