KARACHI: Asif’s counsel seeks coercive action for trial
By Our Staff Reporter
KARACHI, April 27: The defence counsel for Asif Ali Zardari in Sajjad Hussain murder case has sought “coercive action” from the court for an early trial as his client has never been brought to the court by the authorities since the police submitted an interim charge-sheet against Mr Zardari 16 months back.
The counsel moved an application before the additional district and sessions judge, Farooq Ali Channa, praying the court to take coercive action to ensure an early trial as the accused was neither produced before the court even for once, nor did any of 19 prosecution witnesses ever attend the proceedings.
The judge issued on Saturday notice to the state counsel and fixed May 7 for hearing the application of Shahadat Awan, who is representing the husband of former prime minister Benazir Bhutto in six criminal cases.
Former PSM chief Sajjad Hussain was shot dead on Sept 11, 1998, in Defence while he was on his way to home. The police had initially registered case against unknown assailants.
The defence counsel submitted to the court that his client was in custody when the murder took place. He stated that it was matter of record that the Sindh police brought accused Mohammed Khan Chachar from Rahimyar Khan, although there was no case pending against him.
He submitted that his client was kept in continuous custody without trial. “Repeatedly, authorities have been directed to produce the accused and most of the times no response was seen”, he stated.
The defence counsel submitted that the case against Mr Zardari was “politically-motivated” and his client was charge sheeted in the case “to exert undue pressure on the accused or his political party.
He referred to a report in a section of press that “delay for trial of Asif Ali Zardari was on part of his lawyers” and submitted before the court that the defence never sought any adjournment or avoided to proceed with the case. “In the circumstances of the case, the custody of the accused amounts to illegal confinement and this shocking delay is against the law”, he submitted.
Shahadat Awan referred to a statement of accused Chachar, whereby he stated that he was pressured and coerced to make a false statement against Mr Zardari and other co-accused in the case.
According to the interim charge-sheet, the SHO of the Defence police arrested Salim Uddin alias Salloo and Sohail Ahmed alias Panga on Sept 3, 1999. The two suspects, during interrogation, disclosed that accused Dr Zulfiqar Mirza had phone them in September 1998 and asked them to kill the former PSM chief because he was going to make a statement against Asif Ali Zardari in a corruption case.
They said they, along with accused Chachar, came to the Defence Club in Chachar’s car on the instructions of accused Dr Mirza. They said they chased the victim when he came out and Chachar, who was driving the car, opened fire from his pistol on Sajjad Hussain while overtaking his car.
The interim charge-sheet stated that later the local police released the two suspects “due to unknown reasons”. It said that on July 28, 2001 a written order was received from the higher authorities to get the custody of accused Chachar, who was in jail in Rahim Yar Khan after being condemned to death in a murder case of Lahore police.
The police also sought time from the court for submitting the final charge-sheet in the case on the grounds that the absconders were yet to be arrested and the whereabouts of an eye-witness were to be ascertained.
Accused Chachar moved an application before the trial court in February last year, praying the court not to grant police any further time “for cooking up any false evidence in this case”.
He also prayed the court to either treat the interim charge-sheet as final one, or let him off or proceed with the case.
In his application, he also stated that he had not made any confession before the police. “I was given inducements by the Crime Branch Police that if I turned an approver against Asif Ali Zardari, Dr. Zulfiqar Mirza and others, I will be let off in the Lahore murder case, my death sentence will be set aside, and, I, along with my wife and children, will be sent abroad and will be settled in a country, like Canada on state expenses as was done for the approver, Masood, in the murder case of Ahmed Raza Kasoori against Zulfiqar Ali Bhutto.
Earlier on April 15 the court had issued 35th order for the production of Mr Zardari, who is under detention for over six-and-a-half years.
The court also had ordered the home secretaries and jail chiefs of Sindh and the Punjab to ensure appearance of Asif Ali Zardari in the court on April 26. The orders were, however, not complied with.
The interned husband of former prime minister and co-accused Mohammed Khan Chachar were charged with the killing of Sajjad Hussain, a former chairman of the Pakistan Steel Mills. Dr. Zulfiqar Mirza, Dr. Nisar and Sohail Panga have been declared absconders in the case.
