AC reserves order on Benazir's plea

Published September 8, 2004

KARACHI, Sept 7: An accountability court reserved orders on an application submitted by the defence counsel for Benazir Bhutto, seeking amendment to the charge in a corruption reference.

The reference against Benazir Bhutto and others pertained to illegal appointments and promotions in different cadres and postings abroad in the Pakistan International Airlines in violation of existing rules, regulation and procedure during her last tenure as prime minister.

Judge Parkash Lal Ambwani of the AC-4 fixed Sept 22 for pronouncement of the order on the application of defence counsel Abdul Hafeez Pirzada after hearing arguments from Special Public Prosecutor Syed Nasir Jaffery.

According to the defence counsel, the case was initially registered under Section 3 and 4 of the then Ehtesab Act, while the accused were now being tried under Sections 9 and 10 of the National Accountability Bureau Ordinance.

He prayed the court to either acquit the accused or a fresh charge be framed on them. The public prosecutor vehemently opposed the defence application and submitted that all corruption cases since 1985 were triable under the NAB law.

Other accused in the reference are Air Vice Marshal (Rtd) Umer Farooq, former PIA chief, Naheed Khan, Ghulam Hussain Kazi, Ghulam Qadir Shah Jamote, Siraj Shamsudin and Najamul Hasan.

MURDER CASE: An Anti-terrorism Court (ATC) put off the hearing of a murder case after recording the statements of four prosecution witnesses. The case against accused Qurban Ali Magsi pertained to the killing of a sub-inspection during a shootout with a police party in Gulshan-i-Iqbal on June 17, 2000.

Judge Arshad Noor Khan of the ATC-3 fixed Wednesday for the next hearing after the deposition by SI Khalid Awan, SI Mohammad Lashari and constables Maqsood Hussain and Mazhar.

Earlier on September 28, 2000, the same court had sentenced a co-accused, Amanullah Magsi, to death for the murder of the police official. The accused were allegedly spotted near National Apartments by a party of Sharea Faisal police while they were going in a snatched Toyota Corolla.

The accused persons opened fire when the police party tried to intercept them fatally wounding the sub-inspector. Accused Amanullah Magsi also sustained a bullet wound in his chest and he was arrested on the spot with an unlicensed pistol. Accused Qurban, however, managed to flee the scene.

Besides being sentenced to death, accused Amanullah Magsi was also handed down a 10-year term under Section 324 of Pakistan Penal Code for attempting to kill the members of the police party by opening fire on them.

Another two-year term was awarded to the cop killer under Section 353 of PPC for using criminal force to deter police from discharging their duties. The third term, spanning seven years of rigorous imprisonment, was given to the accused for possessing unlicensed pistol.

Later, accused Amanullah Magsi moved an appeal to the Sindh High Court which commuted the capital punishment in to a life term. The SHC also set aside two other sentences.

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