KARACHI: Trial court told not to pass order against Asif: Murtaza murder case
By Shujaat Ali Khan
KARACHI, Jan 16: The Sindh High Court restrained the trial sessions court on Monday from passing an adverse order against accused PPP leader Asif Ali Zardari in the Murtaza Bhutto murder case pending his application in the high court for exemption from personal appearance.
The former federal minister and ex-premier Benazir Bhutto’s husband sought exemption from personal appearance for his continued medical treatment in the US.
The trial court of district and sessions judge (East, Karachi) rejected the plea and issued a non-bailable warrant for Zardari’s arrest, which was later suspended. He challenged the trial court order by a criminal revision application in the high court.
Justice Ghulam Rabbani took up the application on Monday. Advocate Azizullah K Shaikh requested early hearing as the matter had already been adjourned for a number of times. He said the case was proceeding in his client’s absence and an adverse order may be passed any time.
Public prosecutor sought time for preparing his brief. The hearing was by consent adjourned to a date to be fixed by the SHC office with a direction to the trial court not to pass an adverse order pending consideration of the application.
The applicant has been arraigned along with absconding former chief minister Abdullah Shah and several police officers for the September 1996 killing of Mir Murtaza Bhutto, chairman of the PPP (Bhutto Shaheed), in an alleged police encounter near his Clifton residence.
AFRIN MURDER CASE: The judge, meanwhile, reserved his order in an application questioning the transfer of Afrin Baig’s murder case by the district and sessions judge (South, Karachi) to an additional district and sessions judge. Applicant Mirza Ikhtiar Baig, who is the complainant in the case, said the district judge had earlier recalled the case from an additional district and session judge for trial by his court and had now retransferred it to another additional judge after trying part of it.
Appearing for the applicant, Advocate M. Ilyas Khan submitted that the district judge has framed the charge against Farooq Mengal, Afrin Baig’s husband, and other accused and also recorded the statement of the judicial magistrate concerned. He had no powers under the code of criminal procedure to retransfer the case.
Contesting the application, Advocate Azizullah Shaikh stated that the district judge was duly empowered to transfer the case at any stage of trial. He cited an SHC judgment in favour of his argument.
SHC order: The Sindh High Court has granted leave to defend petitions filed by Corporate and Industrial Restructuring Corporation and United Bank Limited and framed preliminary issue as whether plaintiff’s borrower is entitled to benefits of incentive scheme, announced by State Bank of Pakistan, adds PPI.
