ISLAMABAD: The Lahore High Court (LHC) Rawalpindi Bench on Tuesday issued notice to the Federal Investigation Agency (FIA) on petitions seeking the release of the police officers imprisoned in the Benazir Bhutto murder case.

The two-member bench consisting of Justice Tariq Abbasi and Justice Habib Ullah Amir heard the bail petitions moved by the convicted senior officials, retired additional inspector general Saud Aziz and senior superintendent of police Khurram Shehzad.

The court directed the FIA, which is the prosecuting agency in the Benazir murder case, to argue the bail petitions of the convicted officers during the next hearing, which is Sept 27.

A special judge of an Anti Terrorism Court (ATC), Asghar Ali Khan had on Aug 31 convicted the two police officers of criminal negligence which led to the death of the former prime minister and sentenced them to 17 years in prison each.

Petitioners claim prosecution could not prove they were part of conspiracy to kill Benazir

However, the judge acquitted five suspects who allegedly belong to the banned Tehrik-i-Taliban Pakistan (TTP) due to lack of evidence and also separated the case of retired General Pervez Musharraf since he is abroad.

Arguing before the court, the counsel for Saud Aziz, Azam Nazir Tarar said the prosecution could not produce any evidence to establish that both the police officers were part of any conspiracy for killing Benazir and that all of the prosecution’s case against the two officers was based on conjecture and surmises. He asked why the ATC judge had acquitted the five alleged TTP members who, according to the prosecution, were part of the conspiracy and had convicted the police officers who were performing their lawful duties when their role in the murder plan had not been established.

Tarrar claimed that the ATC judge had wrongly invoked some sections of the Pakistan Penal Code against Aziz and Shehzad.

Aziz was facing charges of removing an officer deployed for the ‘box security’ of the slain leader and sending him to Sadiqabad after the PML-N rally came under attack near the Islamabad Expressway on Dec 27, 2007. He is also accused of not conducting a post-mortem examination of the former prime minister.

SSP Shehzad was convicted for washing the crime scene within a couple of hours of the suicide attack which destroyed evidence which may have led to the real culprits.

The ATC convicted Saud Aziz and SSP Shehzad under section 119 of the PPC for criminal negligence and section 201 for “causing disappearance of evidence of offence”.

The convicted officers, who are currently detained in the Adiala Jail in Rawalpindi, challenged the sentence on three grounds.

In the appeal, they have claimed there is no evidence of their active participation in the attack and that the prosecution could not prove any mens rea, or the “intention or knowledge of wrongdoing that constituted part of a crime, as opposed to the action or conduct of the accused” of the two officials.

The appellant has said section 119 of the PPC cannot be invoked against them on basis of evidence that the prosecution has brought to the court record.

Published in Dawn, September 20th, 2017