KARACHI: Non-production of Asif Jails chiefs of Sindh, Punjab summoned
By Tahir Siddiqui
KARACHI, May 7: An additional district and sessions court in Karachi holding trial of Asif Ali Zardari in a murder case directed the prison chiefs of Punjab and Sindh to personally appear in the court for their “intentional” failure to produce the accused despite several orders.
The additional district and sessions judge of South, Farooq Ali Channa, issued these directives in the show-cause notices issued to the prison chiefs.
They were ordered to “appear in person, with a report on May 22 at 8:30am and to show-cause as to why action under section 175 of the Pakistan Penal Code should not be taken” against them.
“Whereas you were legally bound to produce accused Asif Ali Zardari before this court on several dates, you have intentionally failed to produce him before this court, which is an offence under section 175 of the PPC.
“Since you have intentionally failed to comply with the directions of this court, hence rendered yourself liable for action as provided under section 175 of the PPC,” said the notice.
The offence under section 175 involves simple imprisonment for a term which may extend to six months, or with fine which may extend to Rs1,000 or with both.
The ailing husband of the former prime minister, presently in the custody of the Attock jail, has been lodged in the Pakistan Institute of Medical Sciences, Islamabad. The PIMS has been declared a sub-jail.
The case against Mr Zardari pertained to the murder of Sajjad Hussan, a former chairman of the Pakistan Steel. He was going to his house from the Defence Club on Sept 11, 1998, when attackers intercepted his car and shot him dead.
The police had submitted an interim charge-sheet against the accused 16 months back. Mr Zardari and Mohammed Khan Chachar were shown arrested and Dr. Zulfiqar Mirza, Dr. Nisar and Sohail Panga were the absconding accused in the case.
The judge also issued 33rd order for the production of Mr Zardari since the police submitted the charge-sheet.
According to the interim charge-sheet, the SHO of the Defence police arrested Salimuddin alias Salloo and Sohail Ahmed alias Panga on Sept 3, 1999. The two suspects, during interrogation, disclosed that accused Dr Zulfiqar Mirza had phoned 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 stated 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 Rahimyar Khan after being condemned to death in a murder case of Lahore police.
Meanwhile, the judge put off the hearing of arguments on an application filed by Mr Zardari’s counsel, Shahadat Awan, seeking from the court “coercive action” 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 16 months back.
The judge put off the matter till the next date of hearing on the request of the defence counsel, who submitted before the court that he wanted to argue his application in the presence of his client.
In his application, the counsel had prayed the court to take coercive action to ensure the early trial as the accused was neither produced before the court even for once, nor did any of the 19 prosecution witness ever attend the proceedings.
The defence counsel submitted to the court that his client was in custody when the murder took place. He stated that it was a matter of record that the Sindh police brought accused Mohammed Khan Chachar from Rahimyar Khan although there was no case pending against him.
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.
Earlier, on April 26 the court had issued an order for the production of Mr Zardari, who has been 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 the appearance of Asif Ali Zardari in the court on May 7. The orders were, however, not complied with.
Mr Zardari was initially detained on Nov 5, 1996, under the MPO following the dismissal of Benazir government by the then president, Mohammed Farooq Leghari. Later, he was arrested in the Mir Murtaza Bhutto murder case after the Sindh High Court set aside his detention under MPO.
In May 1999, the police obtained his remand in the Justice Nizam murder case. During his remand, he was booked in two cases for attempting to commit suicide on May 17 and May 19. However, the authorities have not produced him in any court for umpteenth time.
