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MENAFN - Khaleej Times - 17/04/2014
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(MENAFN - Khaleej Times) The prosecutor contended that the request to include musharraf?s alleged co-conspirators in the trial was an effort to complicate and prolong the case.

the special court constituted for trial of former military ruler gen. pervez musharraf on wednesday adjourned till april 24 but said it would hold hearing on daily basis from that date.

the three-member bench led by justice faisal arab while resuming the proceedings heard preliminary arguments from musharraf’s counsel farogh nasim and the chief prosecutor akram sheikh on his plea to include all those whom he consulted while imposing emergency in november 2007 in violation of the constitution.

nasim on tuesday had submitted the notification of emergency in which musharraf had stated that he consulted the then-prime minister shaukat aziz all four provincial governors and top military leadership before imposing the emergency.

the prosecutor contended that the request to include musharraf’s alleged co-conspirators in the trial was an effort to complicate and prolong the case. he the federal investigation agency (fia) in its probe found evidences only against gen. musharraf adding that the documents contained only his signature as army chief.

sheikh further said that according to law the person signing a document is solely responsible for the act and in this matter the then-prime minister was not notified in advance through any summary of the decision. he said no record of the cabinet’s approval was found. if musharraf was then advised by someone to impose the state of emergency then he should inform the court about it sheikh added.

farogh nasim requested that the court grant disclosure and supply of copies of inquiries as well as the investigation report of the fia that shows details of the abettors in the 2007 proclamation of emergency.

labelling the request as premature prosecutor akram sheikh said the issue regarding the co-accused can be raised when witnesses will record their testimonies.

justice arab questioned the prosecution as to why the accused should be denied access to the official data to which sheikh responded that only court can make such requests and not the accused. he said the date would be made available to the accused during the defence stage of the trial which occurs after the completion of testimonies. sheikh said that without evidence implicating someone in a crime was unconstitutional and against the fundamental right for a fair trial of the accused.

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