KARACHI, Sept 13: The Sindh High Court disposed of on Monday PPP leader Asif Ali Zardari's plea for quashment of proceedings against him in Mir Murtaza Bhutto murder case, in view particularly of fresh medical evidence, with the observation that at this stage it was for the trial court to consider his acquittal plea in accordance with the provisions of law.
Identical applications by co-accused Shoaib Suddle, former DIG, Karachi range, and former Karachi SSP Wajid Ali Durrani, on various grounds were ordered to be heard on their own merits on a date to be fixed by the SHC office.
The PPP leader and the police officers are standing trial for murder of PPP (Shaheed Bhutto) chief Mir Murtaza Bhutto, senior vice-president Ashique Hussain Jatoi, and six workers of the party.
Mir Murtaza Bhutto, a member of the Sindh Assembly, and seven members of his entourage were killed by a police party in a shootout near his residence at 70-Clifton, Karachi, on Sept 20, 1996.
Masood Sharif, former director of the Intelligence Bureau, Darakhshan (Clifton) ASP Rai Tahir, city ASP Shahid Hayat, former SHO Shabbir Qaimkhani, ex-SHO Agha Jameel are among the police officers standing trial.
Former inspector Zeeshan Kazmi, a co-accused, was shot dead a few months ago. The only police official injured in the shoot- out, SHO Haq Nawaz Sial of Clifton, was said to have sustained 'self-inflicted' injuries. He died a few days after the incident in mysterious circumstances and was alleged to have committed suicide.
Accused Asif Ali Zardari moved an application for acquittal under Section 265-K of the code of criminal procedure for want of any material that could lead to his conviction in the case.
The trial court of district and sessions judge, Karachi (West), held that the application was premature and that it could not be considered without recording of evidence, specially the deposition of Dr Ayaz Ali, who performed an autopsy on the body of Murtaza Bhutto.
The accused invoked the inherent powers of the high court for quashment of proceedings against him and for his acquittal. Appearing for the applicant, Barrister Azizullah Shaikh submitted that according to evidence led by the prosecution, Murtaza Bhutto received injuries in the cervical and mandibular region due to which he became breathless and unconscious. "No person can speak or utter a word while lying unconscious or gasping for breath", he argued. He said the trial court had already dismissed the acquittal plea.
Justice Azizullah M. Memon, who had reserved his decision on the application after hearing arguments for and against it, observed in his order on Monday that different stages of a case had their own facts and circumstances, which are to be considered in accordance with the provisions of the law.
The question whether or not its earlier order dismissing the acquittal plea would stand in the way of a fresh application, if moved by the accused applicant, was for the trial court to decide according to the law. He made no observation on the merits of the case so as not to prejudice the hearing of the new application either way.