KARACHI, July 9: Asif Ali Zardari, the interned husband of former Premier Benazir Bhutto, was acquitted on Tuesday in a case pertaining to an attempt to commit suicide as the state counsel conceded to the acquittal application.
Judicial Magistrate, South, Syeda Perveen Shah, ordered the acquittal of Mr Zardari on an application filed by defence counsel Shahadat Awan under section 249-A of Cr.P.C.
The magistrate, who proceeded with the case around 2:20pm inside the Central Prison, allowed the acquittal application after hearing the arguments of the defence counsel.
The 50-year-old leader of the Pakistan People’s Party, who was arrested on Nov 5, 1996, in the Punjab Governor’s House following the dismissal of Benazir government by the then President, Farooq Leghari, stood calm beside his counsel as the judge pronounced her order.
“He may be released forthwith if he is not required in any other case”, she ordered.
Mr Zardari was booked on May 17, 1999, by the Civil Lines Police for attempting to commit suicide during police custody.
The defence counsel submitted before the court that his client was remanded to the police custody on May 10, 1999, in the Justice Nizam murder case.
He said Mr Zardari was tortured and received injuries to his neck during the police custody.
Shahadat Awan stated that the police implicated his client in a false case of attempt to commit suicide to save their skin as Mr Zardari’s sister moved an application to the police for registering an FIR against the then Prime Minister, Nawaz Sharif, Saifur Rahman, the then IGP, Rana Maqbool, and others.
He submitted that the government ordered an inquiry commission, headed by sessions judge, Salman Ansari, to ascertain whether the injuries were self-suffered or inflicted.
The defence counsel referred to the report of the inquiry commission and quoted Judge Ansari as observing “it has not been proved by the evidence produced in favour of contention that the injuries were self-inflicted by Asif Ali Zardari”.
Shahadat Awan, who also placed on record a copy of the inquiry commission, stated that the then home secretary of Sindh on December 9, 1999, had directed the then IGP to identify the policemen and interrogators responsible for the incident and take legal action against them.
The defence counsel said the then IGP had appointed the then senior superintendent of police, West, for taking action, but till to-date no action had been taken.
He argued that the prosecution had cited as many as 17 prosecution witnesses in the case. However, he said, the prosecution could examine only one prosecution witness during the past over two years.
The defence counsel contended that all the prosecution witnesses were highly interested ones and no reliance could be placed on their evidence as there is no independent evidence in the case.
Shahadat Awan contended that the case was an outcome of political victimization by the then government, which did its level best to demolish the political image of the PPP.
He argued that the proceedings of the case in these circumstances would be an exercise in futility, unnecessary harassment to the accused and an abuse of process of law.
When asked, the state counsel said he had no objection to the acquittal application as the report of the inquiry commission was self-explanatory.
Following the arguments by the defence counsel for 25 minutes, the magistrate went to her chamber for dictating the order, which she pronounced around 3pm.
Asif Zardari embraced his counsel as the judge left the courtroom. Receiving congratulations from over a dozen party workers and his supporters, he shook hand with everyone. Senator Farooq Naek, one of the defence counsel for Mr Zardari, was also present.
Counsel Naek moved an application before the magistrate seeking permission for the children of Mr Zardari to stay with their father at the Clifton Campus of the Ziauddin Memorial Hospital.
Reacting to the acquittal of Mr. Zardari, Senator Naek said the government fully knew that the cases pending in Karachi against the husband of former prime minister were false and fabricated.
“For this reason, he was not being shifted to Karachi to face trial in those cases for the past over two years”, he said
The PPP Senator said this fact stood substantiated from the acquittal of Mr Zardari in one of those cases.
He hoped that government would not further politically victimize Mr Zardari.
He further hoped that Mr Zardari will be produced in all the courts in future and not dumped in the Punjab jails as was done in the last two years.
“The acquittal proved to the hilt that Mr Zardari has been kept in jail to politically victimise and malign him, his wife and the PPP.
