ISLAMABAD, July 4: Islamabad district and sessions judge Rafiuz Zaman on Wednesday dismissed a petition filed against former prime minister Benazir Bhutto and her husband Asif Zardari for allegedly submitting wrong declarations before the Election Commission of Pakistan (ECP) prior to the elections in 1996.

According to sources in the National Accountability Bureau (NAB), the judge dismissed the petition saying that it did not fall in his jurisdiction as according to NAB Ordinance, the petition should have been filed before an accountability court.

The judge also termed the case as a double jeopardy against the accused as a similar case against the couple was already being tried in the accountability court.

The same court had earlier issued five arrest warrants for Ms Bhutto and Mr Zardari in the case and directed the government to seek the help of Interpol for the arrests of the accused who had been living abroad.

Senator Farooq Naik, who represented Ms Bhutto and Mr Zardari in the case, in a statement said the allegations against his clients had been made under various sections of the Representatives of People’s Act 1976.

He said that he had submitted that complaint had been filed with a delay of almost 10 years whereas in criminal cases, delay in filing complaint was fatal as it showed malafide intention on the part of the complainant.

Mr Naek said that he had told the court that no material evidence had been presented to show that false declaration was filed or any concealment was done.

He also filed the acquittal application saying that the complaint had been filed with malafide intentions to politically victimise Ms Bhutto and that it be dismissed.

The Islamabad session judge after listening to the arguments of both the defence counsel and prosecutor Baseer Qureshi dismissed the complaints of NAB and acquitted both Ms Bhutto and Mr Zardari.