ISLAMABAD, April 30: Former President General (retired) Pervez Musharraf on Tuesday moved the Anti-Terrorism Court of Rawalpindi seeking post-arrest bail in the Benazir Bhutto murder case.

In the bail after arrest petition, Musharraf’s counsel Barrister Salman Safdar contended that the Federal Investigation Agency (FIA) had fabricated a baseless case against his client.

The petition pointed out that after assassination of Ms Bhutto on December 27, 2007, the Punjab government constituted a Joint Investigation Team (JIT).

The JIT concluded its investigation on February 17, 2008, without implicating Gen Musharraf after which the trial of the case commenced.

However, on August 6, 2009, in the middle of the trial the investigation of the high-profile case was transferred to the FIA by then federal interior minister Rehman Malik.

Soon after the transfer of the case to the FIA in Aug 2009, the interior ministry notified the constitution of another JIT, which was headed by additional director general of the FIA and consisted of zonal officers of the agency.

This JIT submitted incomplete challans to the trial court on May 25, 2010, and June 11, 2010, after maliciously implicating the petitioner (Gen Musharraf) in the case, the petition said.

It pointed out that Gen Musharraf resigned as president of the country on August 18, 2008, and proceeded abroad on April 8, 2009.

The petition alleged that the FIA was not interested in conclusion of the trial and this was the reason the case had been pending for the last over five years in the ATC.

“The purpose of this entire charade is to continue scoring political points and implicating innocent persons on baseless charges and claims,” it added.

Earlier, ATC Judge Chaudhry Habibur Rehman sent the former president on a 14-day judicial remand after the investigation agency completed his interrogation.

FIA special prosecutor Chaudhry Zulfiqar Ali told the court that the physical custody of Mr Musharraf was no more required and he might be sent on a judicial remand.

The FIA also requested the court to exempt Gen (retired) Musharraf from appearing in person on April 30 because of security concerns, which the court allowed.

The court directed production of the accused in the court on May 14. However, according to the FIA, the production of Mr Musharraf on the next date would be decided in accordance with the security situation.

Talking to Dawn, Chaudhry Mohammad Azhar, another special prosecutor of the FIA, said under section 540 of the Criminal Procedure Code (CPC), the judge on the request of the prosecution could exempt an accused from personal appearance in the court.

He said the interior ministry had already pointed out that the former army chief was a high value target and might be targeted on the way between the ATC Rawalpindi and his Chak Shahzad residence which has been declared as a sub-jail.

“The investigation agency did not seek Musharraf’s exemption for his own security only. His presence can also put the lives of lawyers and litigants at risk in the ATC and its surrounding premises,” he added.

The ATC judge issued notice to the FIA on the petition of Gen Musharraf and put off the matter till May 3 when the FIA is likely to submit a supplementary challan against him.