KARACHI, Jan 9: The defence counsel for Asif Ali Zardari in the Justice Nizam murder case sought on Friday "coercive action" for an early trial.
Shahadat Awan moved an application before the district and sessions judge, Central, Pir Ali Bux Shah, who put off the hearing till Jan 30 and ordered the jail authorities to produce Mr Zardari on the next date.
The judge issued notices to the state counsel for hearing the application of the defence counsel. Mr Zardari was initially detained on Nov 5, 1996, under the MPO following the dismissal of Benazir government by the then president, Mohammed Farooq Leghari. Later, he was arrested in the Mir Murtaza Bhutto murder after the Sindh High Court set aside his detention under the MPO.
The defence counsel submitted that the prosecutor had ensured the court that he would make all-out efforts for the shifting of Mr Zardari to Karachi at least two days before the date of hearing.
He submitted that due to an undertaking by the prosecutor, no further order was passed for the shifting of his client to Karachi. "Neither has the accused been brought to Karachi two days before the date of hearing, nor he has been produced in the court", he stated.
The defence counsel said the political victimization of Mr Zardari, who was an MNA from Nawabshah, started following the dismissal of his wife's government in November 1996. "He was arrested at Governor House, Lahore, and was taken to Rawalpindi and detained at Sehala Rest House under MPO," Mr Awan said.
He said Mr Zardari's detention under MPO was challenged by Benazir Bhutto in the Lahore High Court and the advocate general of Punjab stated in the court that the detention orders had been withdrawn.
The defence counsel submitted that on the same day, Mr Zardari was shifted to Karachi in the evening and his detention was shown under the MPO. "Again the said order was challenged in the Sindh High Court through a constitutional petition. The petition was allowed on December 18, 1996.
Mr Awan said Zardari's release was shown on Dec 19, 1996, but he was arrested in the Mir Murtaza Bhutto murder case by the crime branch from the gate of the Landhi jail.
He said the spouse of the former premier was then taken to the Artillery Maidan police station where he was tortured for five days and then again sent to the Landhi jail. "During his custody, an Ehtesab reference was instituted against him".
The defence counsel submitted that later Asif Ali Zardari was implicated in the Justice Nizam murder case. "At an early stage, agencies claimed to have successfully detected the crime and Bilal Shaikh was charge-sheeted.
The police also showed the seizure of weapon used in the crime from accused Bilal Shaikh and produced ballistic report. "With a preplanned conspiracy, Akhtar Jawaid Pirzada was coerced to make a statement against Mr Zardari. However, accused Pirzada retracted from his so-called confession.
Mr Awan submitted to the court that the court had granted bail before arrest to Mr Zardari on March 12, 1999, but the police took out the custody of Mr Zardari from the prison and detained him at Civil Lines police station, where he was severely tortured.
The defence counsel said that the remand of Mr Zardari had been declared illegal by the high court. He said a judicial commission conducted the inquiry to ascertain the nature of injuries inflicted upon him.
He said the investigator made an attempt to lodge bid to commit suicide cases against Mr Zardari to save their skin, but he was acquitted in the cases. Mr Awan said during custody, one Alam Baloch was murdered in Hyderabad over a land dispute and Mr Zardari was implicated in the case. He has been granted bail in the case also.