How Zardari got a clean chit?

Former president, Asif Ali Zardari, has always managed things smartly, to an extent that despite facing severe allegations during his political career, he became the president of Pakistan. And, finally with the acquittal in his last and final case, he could now claim to be Mr Clean, at least in the eyes of the law. But, will the story end here, or raise serious question about our faulty judicial and political system.

It was not a trial of one high-profile man, but even the judiciary and the prosecution were also on trial. During his 30 years of political career, he spent 12 years in prison and got through not only cases of corruption but also four high-profile murder cases and one narcotics case as well.

One still wonders whether this clean chit would also be able to change the perception about him? However, it seems it hardly matters for him, as he is now looking for his role in 2018 elections.

From the Bokhari's kidnapping case of 1990 to this last reference of assets, Zardari had also been acquitted in murder cases of retired Justice Nizam, chairman of PPP-SB, Mir Murtaza Bhutto, former chairman Pakistan Steel Sajjad Hussain and ex-bureaucrat Alam Baloch. All these cases now stand closed, which itself raises the most serious question as to who had killed these people and why these cases were never re-investigated.

Murder cases are not white-collar crimes, which are difficult to investigate and prosecute, and such cases only required proper criminal investigation. The dilemma of our system is that even in the cases which could have been resolved were damaged because of political considerations. All these cases had been registered, investigated and prosecuted during the government of PML-N or during the era of military dictator General (retd) Pervez Musharraf.

After the National Reconciliation Ordinance (NRO) was signed, some of these cases were withdrawn. But, later on, as a result of the Supreme Court verdict, these cases were reopened. Some of Zardari's critics believe that he had never been accused or prosecuted in the cases in which he should have been, and he got relief in the cases where he was perhaps implicated, and thus, got benefit of doubt.

Another dilemma of our system is that when an accused is acquitted in any case, the matter is never referred back or cases are never reopened with fresh investigation. Thus, our system allows the real culprit to go Scot free.

For instance, in Murtaza Bhutto's murder case, two different FIRs had been registered. One against police officials, Mr Zardari, former IB chief, Masood Sharif Khattak and others, and one against Murtaza Bhutto's guard. In the end, all the accused in the two FIRs were acquitted and the matter is now closed. Murtaza was killed on Sept 20, 1996.

One former DIG Karachi, on condition of anonymity, had disclosed that in the murder case of former sessions court judge, Nabi Sher Junejo, who was killed near Karachi City Courts in 1991, he was forced by a former chief minister to implicate three PPP activists as Al-Zulfiqar terrorists. "Police had arrested the real suspects and, by implicating the PPP men, who had nothing to do with the case, the prosecution got weaker and as a result the actual suspects were also acquitted," he disclosed.

In the famous Swiss account case, even the successive government of Nawaz Sharif and Pervez Musharraf were unable to prove it in the court of law. Even the strongest NAB, under Musharraf and led by Lt-Gen (retd) Amjad were unable to get a single conviction even when Musharraf was going all out against Nawaz Sharif and Benazir Bhutto, in his early days in power.

Mr Zardari was once implicated in a most serious narcotics case in which a former Editor-In-Chief of an English daily spent years in prison.

There was no 'muk-muka' between the PPP and the PML-N, from 1988 to 2006. They were more than political rivals and in most cases establishment sided with the PML. It was only after the two leaders, Benazir Bhutto (BB) and Nawaz Sharif (NS) signed the Charter of Democracy (CoD), they decided not to implicate each other in false cases.

Keeping corruption cases and three references against Zardari aside, a big question rises about four high-profile murders. Who killed them and with what motive. Should investigation not be reopen to find the 'actual killers.'

From a polo player to a political player, the former president had spent 12 out of 30 years of his political career in jail, facing serious charges like murder, extortion and corruption. One of the strengths of Mr Zardari has been his nature of managing things, restrain and refrain from any counter attack. During all these years, he not only managed his political opponents but also the establishment and created a record of completing his five year's term without much problem.

By the time Benazir Bhutto's first government was dismissed on Aug 6, 1990, Mr Zardari's presence in the mainstream was felt because of the presence of some of his close college-day friends on key positions.

When this case was taken up by the courts during Jam Sadiq Ali's government, it was quite clear that the prosecution for whatever reason was unable to present a solid case. Although, Jam himself was so vindictive against the PPP that during his brief term from 1990 to 1992, he booked, arrested and charged hundreds of PPP workers and leaders, but Bokhari case ended with Zardari's acquittal.

When Mehran Bank case hit the headlines, it was established how the PPP government was dismissed and 1990 elections were rigged and huge money was distributed among the then opposition leaders. The former ISI chief, retired Lt- Gen Asad Durrani, said on record that money was distributed on the orders of former army chief, General (retd) Aslam Baig, who had denied and has now filed a review petition in the Supreme Court.

Whether these cases were based on merit or on political consideration, the fact remains that he got himself out through a judicial process and even spent 12 years in prison.

The tale of the two trials of former prime minister Nawaz Sharif and Asif Ali Zardari, are quite different and in the last 30 years, we are still in search of ‘crime behind every fortune’, at least in the case of Asif Zardari while Nawaz Sharif cases are yet to be decided in NAB.

So, whether one agrees with the perception or not, the fact remains that in the eye of the law, Mr Zardari is now Mr Clean.

The writer is a senior columnist and analyst of Geo, The News and Jang.

Twitter: @MazharAbbasGEO