KARACHI, Nov 25: The Sindh High Court dismissed as withdrawn on Tuesday PPP chairperson Benazir Bhutto’s plea for quashment of an accountability reference against her involving 1393 illegal appointments, postings and promotions in the Pakistan International Airlines Corporation during her second tenure as prime minister from 1993 to 1996.
A division bench, comprising Justices Wahid Bux Brohi and Rehmat Hussain Jaferi, passed the order after the petitioner’s counsel, Abdul Hafeez Lakho, sought to withdraw the petition. He gave no reason for the withdrawal besides citing “technical grounds”. The bench had heard extensive arguments advanced by Mr Lakho in favour of and by National Accountability Bureau deputy prosecutor-general Anwar Tariq against the petition.
Mr Lakho submitted that there was no material or evidence on record against the ex-premier and that there was no likelihood of the proceedings being conducted by an accountability court resulting in her conviction. He said the trial accountability court had wrongfully dismissed his client’s quashment plea under Section 265-K of the criminal procedure code and decided to proceed against her on September 11, 2001.
NAB counsel Anwar Tariq submitted that the quashment plea, which was essentially a petition for criminal revision, was hopelessly time-barred. The trial was approaching its logical conclusion and all the necessary evidence had been recorded. It would be unjust to prevent the accountability court from proceeding with the final phase of the trial and pronouncing a judicial verdict. The quashment plea was rightly dismissed by the trial court as sufficient material had been placed on record by the prosecution.
The trial was suspended in September 2001 when the Supreme Court stayed the proceedings pending a petition moved by the PPP leader for her acquittal. The Supreme Court finally vacated the stay on Oct 23, remanding the acquittal plea to the Sindh High Court.
Dismissing the petition as withdrawn on Tuesday, the SHC bench accepted the plea of the petitioner’s counsel that the trial court be asked to decide the reference without being influenced by the observations of the high court or its own on quashment pleas. The orders paved the way for resumption of the final phase of the accountability trial.
Among the co-accused are Air Marshal Umar Farooq (retired), former managing director of the PIA, ex-director Ghulam Qadir Shah Jatoi and the (former) premier’s political secretary Naheed Khan. They had been charged with gross violations of the law and rules by recruiting personal and party “favourites” in relaxation of the qualifications prescribed for various posts in the national flag carrier. The accused, according to the prosecution, usurped the rights of deserving candidates. They are also alleged to have ordered postings, transfers and promotions in disregard of rules and merit.
