The state has so far spent more than Rs20 million on the
investigation into the Mir Murtaza Bhutto Murder Case yet
it has failed to substantiate its allegations against Asif
Ali Zardari.
This argument was advanced by Barrister
Azizullah K Shaikh, counsel for principle accused Asif
Ali Zardari, during hearing of a plea in which quashment
of proceedings against Asif Zardari in the case had been
solicited.
"The high-level inquiry into the
murder was held at the Flag Staff House which suffered
damage at the hands of police personnel and press photographers
and repairs cost Rs10 million. Later, a Scotland Yard
team, comprising highly qualified investigators and criminologists,
helped the local police with the investigation and another
Rs10 million was paid to them.
Besides, investigations by Pakistan investigators
also incurred thousands of rupees. Yet despite all this,
there’s no evidence against Asif Zardari who is
languishing in jail in this case for the last eight years",
said Azizullah Shaikh while pleading the quashment application
before a Sindh High Court (SHC) bench on Monday.
The bench headed by Justice Ghulam Rabbani,
however, noted that the notice issued to Noor Muhammad,
complainant in the case, had returned unacknowledged and
ordered that the notice be sent afresh to the complainant
for the next hearing.
It is pertinent to mention that the quashment
petition filed by former IG, Sindh, Shoaib Suddle, and
his subordinates Roy Tahir, Wajid Durrani, Zeeshan Kazmi
(later murdered), and others are also pending in the SHC.
The petitioners have approached the SHC after the trial
court had dismissed their applications seeking their acquittal
under Section 249-A CrPC for want of evidence. The trial
judge had dismissed their acquittal applications with
the observation that a case had been made out against
them and their fate would be decided in the final judgment
of the case.
Petitioner Asif Ali Zardari has taken
the plea through Barrister Azizullah K Shaikh that there
is no probability that he could be convicted on the basis
of evidence recorded so far by the trial court because
nothing incriminating has so far come on record. The evidence
of the remaining prosecution witnesses, it has further
been pleaded, is on the point of actual incident on 20-09-1996
near the "Do Talwar" round-about, where admittedly,
Asif Zardari was not present at the time of incident.
While pointing out certain procedural
lapses in the case, The counsel has pleaded that the investigation
was conducted by Sub-Inspector Khan Waris, SSP A D Khoja,
and AIG Crimes, Noor Ahmed Peecheho one by one and different
secret agencies had carried out their investigations separately
yet they could not find concrete evidence to justify Asif
Zardari’s implication in this case.
He argued that interim charge-sheet in
the case was submitted on February 13, 1997, and thereafter
no final charge-sheet was submitted and the trial judge
was pleased to treat the interim charge-sheet as final.
The prosecution, however, filed a final
charge-sheet on May 3, 1997, to which the objections of
the defence were overruled by the trial judge. He said
on the basis of evidence recorded so far no case was made
out against Asif Ali Zardari and continuation of proceedings
against him would amount to abuse of the process of law.
