KARACHI, April 22: A judicial magistrate who is trying Asif Ali Zardari in two cases for attempting to commit suicide issued on Tuesday notice to the state counsel on an application of the defence counsel seeking the court’s permission to visit his client.
The judicial magistrate, South, Syeda Perveen Shah, fixed May 2 for hearing arguments on the application of Shahadat Awan, who also sought from the court “necessary directions for trial of the case.”
The defence counsel submitted that his client had not been produced in court despite repeated orders, nor had the prosecution procured the attendance of the prosecution witnesses.
“In such circumstance, the defence lawyer seems to have been made handicapped to get justice for his client by discharging his professional duties,” the defence counsel stated.
Mr Awan prayed to the court to direct the home and prison departments of Punjab to allow him to meet Mr Zardari to “seek instruction as and when needed by the counsel.”
In his application, the defence counsel submitted that Mr Zardari, husband of former prime minister Benazir Bhutto, was arrested on November 4, 1996 at the instance of his political rivals, who were maliciously motivated against leaders of the Pakistan Peoples Party.
He stated that on May 10, 1999 DSP Amanat Javed of the CIA Karachi moved an application in an anti-terrorism court for obtaining Mr Zardari’s remand in the Justice Nizam murder case.
The defence counsel stated that Justice Nizam, along with his son, was murdered on June 10, 1996 and the police submitted the final charge sheet against accused Bilal Shaikh and Ahmed Shah in the court.
However, he said, on February 2, 1999 an interim amended charge sheet was submitted in the court, wherein accused Babar Sindhu and Javed Akhtar Pirzada were shown in custody and Asif Zardari, Shafiq Baba and two unidentified accused were shown as absconders, although his client was known to be in custody.
The defence counsel stated that his client was granted anticipatory bail on March 12, 1999 in the case. Later, he said, his client was produced in that case in the Central Prison and the hearing was put off to May 29, 1999.
But, the defence counsel stated, on May 10, 1999 the ATC remanded Mr Zardari in police custody for seven days.
Subsequently, Mr Awan submitted, Mr Zardari was maltreated and tortured with the aim of extorting a confessional statement of their choice. He stated that the custody of his client to the police was challenged in the Sindh High Court, which held that the remand was illegal.
He said during the police custody Mr Zardari was tortured and he received injuries on his neck. Later, he stated, the police implicated him in the attempt to commit suicide case.
He said the government ordered an inquiry commission, headed by Judge Salman Anzari, to ascertain whether the injuries were self-inflicted. The inquiry commission in its report said the injuries were not self-inflicted.
The defence council submitted that the conclusion of the trial was not in sight and the detention of the accused was illegal.
MAJOR ZARGHAM CASE: The judicial magistrate, South, Rahmatullah Moro, summoned a judicial magistrate in an inquiry into a direct complaint against a former chief of the Citizen-Police Liaison Committee and 19 others, including a senior superintendent of police, for involving an army officer in a Hudood case.
Major Mohammed Zargham Mirza had lodged a direct complaint before the judicial magistrate for registration of criminal cases against 20 respondents, including Jamil Yousuf and A. D. Khawaja, under various sections of PPC.
Those made respondents in the complaint included Zaeem Iqbal, ASP, Lubna Tiwana, then SHO of Women Police Station, Inspector Abdul Hakim Bangash, Azhar Ellahi and Sharf Memon.
The magistrate fixed April 26 to record the statement of Judicial Magistrate Syeda Perveen Shah.