ISLAMABAD: Farogh Nasim, the counsel for former military ruler General (r) Pervez Musharraf on Thursday, stated that the non-provision of the Federal Investigation Agency's (FIA) report by the federal government was based on 'malintention', DawnNews reported.

He requested the court to order the government to provide the defence team with a copy of the FIA report, without which preparations could not be made to cross-examine the prosecution's witnesses.

While presenting his arguments in front of a three-member special court constituted to try former president Musharraf, Nasim said that the move to impose emergency on Nov 3, 2007 was taken after the approval of the then-prime minister and his cabinet.

He added that had the step not been taken, a barrage of legal complications would have risen.

The lawyer for Musharraf also said that the Supreme Court of Pakistan in its rulings had declared fundamental rights as superior to the law and the failure of the government to provide a copy of the FIA report was based on malintention.

Nasim further said that several documentations pertaining to the emergency had been made to disappear and only the FIA report could help resolve the mystery as to which documents had gone missing.

He also claimed that the prosecution had managed to get his client indicted without submitting any evidence which was a heinous violation of dispensation of justice.

The defence counsel said that if a fair trial was not held, then the issue of cancellation of the complaint would be raised or a re-trial would be held.

The court adjourned the hearing of the case until tomorrow and the defence counsel is expected to continue his arguments.