KARACHI: Asif acquitted in another suicide attempt case
By Our Staff Reporter
KARACHI, July 30: Asif Ali Zardari, the interned husband of former Premier Benazir Bhutto, was acquitted on Wednesday in last of the two cases of attempt to commit suicide as the prosecution case was found false.
Mr Zardari smiled with a relief as the Judicial Magistrate, South, Syeda Perveen Shah, ordered his acquittal on an application filed by his counsel Shahadat Awan under Section 249-A of Cr.PC.
The magistrate, who pronounced the order inside the Central Prison, observed that there was no possibility of the conviction of the accused as the prosecution agency itself had admitted that the case was false.
The former Senator was arrested on Nov 5, 1996, in the Punjab Governor’s House following the dismissal of Benazir government by the then President, Farooq Leghari.
The accused may be released forthwith if not required in any other case, the judge ordered.
Mr Zardari was booked on May 19, 1999, by the Civil Lines Police for attempting to commit suicide during police custody.
Shahadat Awan submitted before the court that Mr Zardari was illegally remanded to the police custody on May 10, 1999, in Justice Nizam murder case.
He contended that the police had obtained his remand in the murder case on Sunday which proved their bias and dishonesty. He said the remand was later held to be illegal by the Sindh High Court.
The defence counsel said Mr Zardari was subjected to torture during police custody and he received injuries to his tongue. The police concocted the entire story to escape the criminal liability of torturing an accused in custody.
Mr Awan stated that the government ordered setting up of an inquiry commission, headed by sessions judge, Salman Ansari, to ascertain whether the injuries were self-suffered or inflicted.
Placing on record the certified copy of the judicial inquiry report, the defence counsel referred to its pages No.142, 143, 144, 146 and 148.
He quoted Judge Ansari as observing “it has not been proven by the evidence produced in favour of the contention that the injuries were self-inflicted by Asif Ali Zardari”.
“That it has not been proven by the evidence produced in favour of contention that the injuries were self-suffered by Asif Ali Zardari. The facts and circumstances as adduced from the evidence produced show that these injuries were inflicted but the culprits have not been named, nor have been identified i.e those who had inflicted injuries”, the defence counsel read out an excerpt from the inquiry report.
Shahadat Awan submitted that the then home secretary of Sindh on Dec 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 date no action had been taken.
He argued that the prosecution had cited as many as 13 prosecution witnesses in the case. However, he said, the prosecution could examine only one prosecution witness during the last over two years.
The defence counsel contended that all the prosecution witness 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 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.
State counsel Mohammed Ismail opposed the acquittal of Mr Zardari and submitted before the court that it was premature to allow the defence counsel’s application.
He requested the court to at least examine the medico-legal officer in the case.
Mr Awan, however, said the MLO had already been examined by the judicial inquiry commission and that it was not possible for the court to dissent from the commission’s report.
Asif Zardari is still facing trial in 14 cases.Earlier on July 9, the same magistrate had acquitted Mr Zardari in an another attempt to commit suicide case on an application filed by Mr Awan
