ISLAMABAD: Former prime minister Shaukat Aziz may be called to testify through video link or a judicial commission in order to authenticate the veracity of his ‘advice’ for the imposition of an emergency on November 3, 2007.

The lawyers of former president retired General Pervez Musharraf on Tuesday submitted to the special court, seized with his ‘high treason’ trial, a summary sent to the Presidency by then premier Aziz on November 3, 2007, which according to the defence lawyers was the basis of the emergency.

Know more: Emergency imposed on ‘Shaukat’s advice’

After the head of the prosecution team, Mohammad Akram Sheikh, raised doubts over the authenticity of the summary, Barrister Farogh Nasim, the lead defence lawyer, suggested that in order to ascertain its genuineness the former prime minister might be summoned or testified through a commission or video link in case he cannot come to Pakistan.

He alleged that the prosecution team had concealed the summary which was available even on the internet and did not bring it on the judicial record.

Talking to Dawn, Barrister Nasim said if exhibited as evidence the summary would expose the prosecution case.

Former prime minister’s summary ‘ordering’ action submitted in court

“We have a number of options to prove this (summary) as a valid piece of evidence and can confront the former PM with this summary,” he said, adding Mr Aziz may be summoned or asked to testify through a video link.

The special court can constitute a commission for recording Mr Aziz’s statement and cross examination abroad, the lawyer maintained.

The summary titled, “Advice to impose emergency” dated November 3, 2007, was the second communication of the then PM with Gen Musharraf with regard to the ‘law and order and security situation.’

The prosecution has already placed on the court’s record the first summary of Mr Aziz sent to the then president which did not mention any advice for the imposition of an emergency.

However, the second letter, which was produced before the special court on Tuesday, states: “Further to my today’s letter (Nov 3, 2007) on the subject ‘National Security Situation’ and your insistence in our subsequent discussion not to take any action except upon a written advice to you under the constitution, I am now tendering an advice under the constitution to you to impose emergency in the country.”

In the latter part of the summary, Mr Aziz explained the reasons for the imposition of the emergency, pointing out terrorism, excessive suo motu cases, which had hampered the smooth functioning of the government’s routine business, demoralisation of law enforcement agencies and downturn in the socio-economic development.

“After examining this situation and after discussion with people belonging to all segments of society, I advise you to immediately issue a proclamation of emergency, provisional constitution orders, president’s order, amending the constitution, and order prescribing fresh oaths of office for the members of the superior judiciary.”

It may be mentioned that the Federal Investigation Agency (FIA) had solely accused Musharraf of all the above actions which it cited as offences against him.

The summary concluded: “This advice is being tendered after consultation and in concurrence with the cabinet.”

In the special court’s hearing on Tuesday, FIA director Maqsoodul Hassan, one of the four members of the Joint Investigation Team (JIT) which probed the ‘high treason’ case, insisted that the former president was solely responsible for imposing the emergency.

During the cross-examination, when Barrister Nasim asked Mr Hassan as to why the JIT had recommended the competent authority to examine the role of facilitators if they were sure Musharraf was solely responsible for the imposition of emergency, Mr Hassan replied that since the defence ministry did not provide JIT an access to certain documents, examining the role of the facilitators was reccomended.

Published in Dawn, September 10th , 2014