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[video]http://www.thenews.com.pk/Todays-News-2-177547-JIT-says-Musharraf-cannot-be-tried-under-anti-terrorism-law[/video]
If this is the finding, Musharraf should be given bail once again.
ISLAMABAD: A Joint Interrogation Team (JIT) formed to investigate former President Pervez Musharraf in the judges detention case has said in its preliminary report that he cannot be tried under Anti-Terrorism Act (ATA) 1997, as directed by Islamabad High Court.
The apex court had issued his non-bailable arrest warrants invoking section 7 of ATA and later an anti-terrorism court put him on 14-day judicial remand. During interrogation, Musharraf disclosed to the JIT that he fled from the court after the issuance of non-bailable warrant on the advice of his lawyers.
Responding to the questions on detention of judges after imposing emergency on October 3, 2007, he said he did not issue this order. Neither judges complained to him regarding this, he told JIT, nor did they register any FIR. Two years later a third person, a lawyer, lodged an FIR at a time when I was abroad and only came to know about it in 2013, Musharraf told the interrogators.
To the question whether he expects any help from friends inside the country or abroad to influence the trial against him, the former military ruler said he does not have any such expectation and the only thing he wantsis a fair trial. However, he said he has serious doubts about getting justice.
The report has been submitted to Inspector General Police (IGP) Islamabad office. The IGP was not available for commends despite repeated efforts made to reach him.The sources privy to JITs preliminary report however confirmed to The News that section 7 is not admissible as it is the prerogative of investigation authorities to analyse whether or not this section can be applied.
From the given information and interrogation of Musharraf, no evidence is available that could lead to the application of this clause. In order to establish a case, the statements of detained judges are also required and may be cross-examined, an official source said.
A person can be tried under section 7 of ATA if he does anything likely to cause death, endanger life, cause grievous bodily harm or injury and damage property etc.
Musharraf was asked why he chose to flee from the premises of Islamabad High Court following the issuance of his non-bailable arrest warrant. He replied that the situation had become worst and his lawyers subsequently advised him to flee from the scene and he did so accordingly.
Musharraf denied issuing any written or verbal order regarding detention of judges. But when asked to disclose the accomplices in detention act, he said he would not divulge their names. Responding to another question as to why he did not appear after an FIR was registered against him and notices served, he said nobody informed him about the notices as he was abroad.
To another question, he said issuing detaining order was neither his job nor was he informed about it. About imposing emergency, Musharraf said he did not convene the cabinet meeting and instead made this decision after holding consultation with close fellows.
If this is the finding, Musharraf should be given bail once again.
