Benazir killing case: Defence accused of delaying tactics

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RAWALPINDI, Nov 19: An anti-terrorism court here on Saturday could not proceed with the Benazir Bhutto assassination case as the defence lawyers requested the judge for supply of relevant record of the case.

The court on November 5 had indicted seven accused, including two senior police officers, in the case.

When ATC judge Shahid Rafique resumed hearing, the prosecution brought four witnesses for recording of their statements.

Advocate Khurram Mehmood Qureshi, counsel for one of the accused, Sher Zaman, submitted an application to the court for amending the charges against his client.

He told the court that Zaman was facing the allegation of having knowledge about the conspiracy to assassinate Ms Bhutto, but the court had indicted him under Section 302, 109, 435 and 436 of the PPC (Pakistan Penal Code) as well as Section 7 of the Anti-Terrorism Act 1997, for allegedly killing and hatching the conspiracy and abetting the perpetrators, using illegal explosive material.

A similar application was also moved by Rao Abdul Rahim, counsel for another accused Rasheed Ahmed, for altering the charges against his client.

Malik Jawad Khalid, another defence counsel, also requested the court for supply of challans, reports of the Joint Investigation Team, police, FIA and other documents.

Chaudhry Zulfiqar Ali, senior public prosecutor for the Federal Investigation Agency (FIA), however, told the court that the relevant record had already been handed over to the defence counsel, adding the receipts of the record with the thumb impressions of the accused and signatures of their counsel were available with him.

He filed an application for conducting the trial on a daily basis, saying under sub-section 7 of Section 19 of the Anti-Terrorism Act, the court should hear the case daily.

The court directed the prosecution to supply statements of the prosecution witnesses to the defence counsel and adjourned the hearing till November 21.

Advocate Ali later told Dawn that in case the ATC did not decide on his application, he would approach the Supreme Court to get relief.

He said the ATC had decided the assassination case of Punjab Governor Salman Taseer in four months but due to the delaying tactics of the defence counsel, the case of the twice elected prime minister could not be decided even after four years.

The same court also took up the Mumbai attack case and two prosecution witnesses - FIA assistant director Qamar Zaman and inspector Sardar Azam - recorded their statements.

The defence counsel in the case also requested the court for supply of relevant records.

The court put off the hearing till November 29.

According to the FIA prosecutor, out of the 40 prosecution witnesses, so far five have recorded their statements in the case. He alleged that the defence lawyers were also applying delay tactics to linger on the case.

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