BB murder case: LHC notices 5 acquitted accused on Zardari pleas

RAWALPINDI: The Lahore High Court (LHC), Rawalpindi bench, on Wednesday while hearing in the appeals of Pakistan People’s Party (PPP) Co-chairman Asif Ali Zardari issued notices to the five accused who were acquitted by an Anti Terrorism Court (ATC) on August 31 from the charges of involvement in the murder of former Prime Minister Benazir Bhutto.

Issuing notices, the LHC division bench, comprising Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Muhammad Tariq Abbasi, put of the hearing till February 12.

Former President Asif Ali Zardari filed appeals against the acquittal of five accused in this case and for awarding maximum punishment of death sentences to the police officers Saud Aziz and Khurram Shehzad. Zardari also challenged ATC decision to separate the trial of General (R) Pervez Musharraf on the basis mentioned by the court that he is an absconder. In the appeals Zardari said that General (R) Pervez Musharraf, DIG Saud Aziz and SSP Khurram Shehzad cannot escape the gallows on the grounds of this case.

It is to mention here that an anti-terrorism court (ATC) of Rawalpindi on August 31 had acquitted the five accused facing trial. The ATC, however, convicted the two police officials for 17 years imprisonment each with one million fine in Benazir Bhutto murder case. Both the high ranking police officials were awarded sentences under sections 119 and 201 of Pakistan Penal Code (PPC). Section 119 is regarding criminal negligence while Section 201 is for destroying the evidence.

The two police officials then challenged the sentence and an LHC bench granted bails to them on October 5. The PPP then challenged the award of bails before the Supreme Court where this matter is pending adjudication.

In today's hearing, the LHC division bench remarked that how a high court could hear this matter to the extent of police officials until Supreme Court decides this matter. The bench said that it will only issue notices to the five accused.

Former Governor Punjab, Sardar Latif Khan Kosa, advocate, appeared before the court as legal counsel. He argued before the court that local police were involved in the murder of Benazir Bhutto, but only two police officers were awarded with sentence. ATC judgement has no clue that what happened to the murder and there is no mention of Section 302 in the judgement. Advocate Khosa argued that ATC ignored material facts like recording of phone calls, DNA tests of the accused, and confessional statements of the accused Rafaqat, Husnain Gul, Sher Zaman and Aitzaz Shah. The LHC bench inquired to Advocate Khosa that how conspiracy was established on account of police officers in the trial court. To which he replied that the accused who murdered Benazir Bhutto were just puppets, and the real culprits were some other persons who perpetrated this gruesome murder. The LHC bench observed that there are missing links in establishing this murder a conspiracy. Khosa replied that there are no missing links.

DIG Saud Aziz was appointed a few days before, Elite force in charge Ashfaq Anwar was removed. The same day Nawaz Sharif was provided more security than Benazir Bhutto. The LHC bench addressing to advocate Khosa said that you are fighting an international case and the set of arguments should also be of international level. Advocate Khosa said that Suad Aziz and Khurram Shehzad should have been awarded sentences under Section 302 while Pervez Musharraf could be awarded penalty in his absence. The court then put of this matter till February 12.

In his appeal, Zardari has prayed to the court to set aside the ATC judgement and five acquitted accused may be entrusted to the ATC once again, and they may be awarded death sentences. Meanwhile their non-bailable arrest warrants may be issued, and they be kept under judicial custody.

About Pervez Musharraf, petitioner Zardari has prayed to the court to set aside order dated May 8, 2017, and judgement dated August 31 of ATC. Trial of Pervez Musharraf may be completed, concluded under Section 19(10) of the ATA, and he may be awarded exemplary punishment on all charges in accordance with law. About Saud Aziz and Khurram Shehzad, Zardari has prayed to the LHC to set aside ATC judgement, and they may be awarded maximum punishment of death sentence.

Petitioner Zardri has nominated Rafaqat Hussain, Hasnain Gul, Sher Zaman, Rasheed Ahmed, Syed Saud Aziz, Khurram Shehzad, Pervez Musharraf and the state as respondents.