Benazir murder case: Five accused acquitted, two police officers sentenced to 17 years in prison

[WebGuru]

RAWALPINDI: A special anti-terrorism court has sentenced two senior police officers to 17 years in prison in the Benazir Bhutto murder case, nine years, eight months and three days after the assassination.

While five others accused have been acquitted, former president Gen (retd) Pervaiz Musharraf has been declared a proclaimed offender, with an order to seize his property.

Benazir Bhutto, the former prime minister of Pakistan, had been assassinated in a gun-and-bomb attack in Liaquat Bagh Rawalpindi on December 27, 2007. At least 23 Pakistan Peoples Party (PPP) workers had also died in the incident.

The policemen, CPO Saud Aziz and SP Rawal Town Khurram Shahzad have also been imposed a fine of Rs0.5 million, and in case of non-payment, they will have to serve an additional six months in jail.

The verdict was announced by judge Muhammad Asghar Khan under strict security arrangements at Rawalpindi’s Adiyala Jail.

During the course of the proceedings, seven challans of the case were presented and eight judges and three courts were changed.

Lawyers of the accused and the prosecutor completed their arguments on Wednesday (yesterday) after which the judge reserved judgment in the case.



Source: https://tribune.com.pk/story/149586...wo-police-officers-sentenced-17-years-prison/

 

[hadi123]

Benazir murder case: ATC acquits 5 accused, declares Musharraf an absconder

An anti-terrorism court (ATC) in Rawalpindi announced the verdict in the Benazir Bhutto murder case on Thursday, acquitting five Tehreek-i-Taliban Pakistan (TTP) suspects and announcing 17-year imprisonment for two police officials.

The ATC also declared retired Gen Pervez Musharraf an absconder in the case. The ATC had named Musharraf in the case in February 2011.

Saud Aziz, who was police chief of Rawalpindi when Bhutto was assassinated in 2007, and Khurram Shahzad, a former Superintendent of Police (SP) at Rawal Town, were each awarded 17 years in prison. The two, who were out on bail, have already been arrested.

The two former policemen have each been awarded 10 years in prison under Section 119 of the Pakistan Penal Code (PPC) and seven years each under Section 201 of the PPC.

They have also been fined Rs500,000 each; in case they do not pay the fine, they will have to spend another six months in jail, said the court.

Aziz and Shahzad, who had been released on bail in 2011, were accused of negligence in security arrangements which subsequently led to the assassination of the former prime minister in a gun-and-bomb attack outside Rawalpindi’s Liaquat Bagh on Dec 27, 2007.

The five TTP suspects — Rafaqat Hussain, Husnain Gul, Sher Zaman, Aitzaz Shah and Abdul Rashid — have beean cleared of all charges in the murder trial.

Court has directed authorities to seize Musharraf's properties and issue perpetual arrest warrants for the former dictator.

A joint investigation team implicated Musharraf in the case, saying that his government did not provide adequate security to the former prime minister despite her repeated requests.

Apart from Musharraf, five other men — Baitullah Mehsud, Ahmad Gul, Iqramullah, Abdullah, and Faizullah — have been declared absconders.

During the case, 68 witnesses appeared on behalf of the prosecution and recorded their testimonies. The police presented three challans before the court, wheras the Federal Investigation Agency (FIA) presented five.

The judge hearing the case was changed eight times.

In 2013, FIA's special prosecutor in the case was killed by unknown assailants. Doctors said he had been killed with 10 bullets targeting his chest and shoulder.

https://www.dawn.com/news/1355153/b...its-5-accused-declares-musharraf-an-absconder

 

[Black Zero]

acquitting five Tehreek-i-Taliban Pakistan (TTP) suspects and announcing 17-year imprisonment for two police officials.
Read more at http://www.pakpassion.net/ppforum/s...es-Musharraf-an-absconder#xPic9QWcHlFgFjlq.99

insanity

 

[WebGuru]

Military courts should handle these type cases until we fix our judicial system because there are so many flaws in our judicial system and the terrorists take advantage of weak prosecution.

 

[Black Zero]

Military courts should handle these type cases until we fix our judicial system because there are so many flaws in our judicial system and the terrorists take advantage of weak prosecution.

so it seems as "jaan sub ko pyaari hoti hay"

 

[WebGuru]

so it seems as "jaan sub ko pyaari hoti hay"

During Kayani times thousands of terrorists were arrested in different army operations and handed over to police for further process but in the end almost 99% were released thanks to weak prosecution. There is a reason Army asked for Military courts after APS

 

[saeedhk]

Our courts are a joke.Just today I read about a TTP leader based in Karachi who killed 10 policemen and an army officer but was granted bail.As expected, he fled to Afghanistan from where he is running a terror network in Karachi.

I just cannot comprehend how the brains of our judges work.

 

[MenInG]

https://www.geo.tv/latest/156296-zardari-vows-to-appeal-against-benazir-murder-case-verdict

NAWABSHAH: Former president Asif Ali Zardari on Saturday vowed that the Pakistan Peoples Party (PPP) will appeal against the decision in the Benazir Bhutto murder case.

Speaking to reporters after Eid prayers here earlier today, Zardari expressed his dissatisfaction with the verdict in the murder case of his deceased wife.

“We are not satisfied with the verdict, we will appeal against it,” he said.

The former president reached Nawabshah on Friday to celebrate Eid-ul-Azha, accompanied by his daughters Bakhtawar and Aseefa Bhutto Zardari.

He was welcomed by Sindh law minister Zia Lanjar and other PPP leaders.

In his Eid message, Zardari said the occasion symbolises the willingness to sacrifice for a cause, and urged people to pledge to live and strive for a cause larger than one’s own self.

He also felicitated Muslims throughout the world and particularly those in Pakistan. “On this occasion I also call upon my countrymen to remember those who have laid down their lives.. we owe a deep debt of gratitude to them,” he added.

The PPP earlier this week rejected the Anti-Terrorism Court’s (ATC) decision in the Benazir murder case as “disappointing” and said that it will explore legal options to challenge the decision.

A meeting presided by party chairman Zardari held consultations on the verdict and expressed shock and disappointment at the decision.

The party in a statement said that justice was not done in the case, adding that acquittal of Al-Qaeda and Taliban suspects despite evidence is shocking and apparently a victory for the Al-Qaeda militants.

The identity of those who ordered to clean the incident and removal of evidence was not determined, the statement said.

The leadership argued that the government had filed a case without taking the party into confidence and asked it to appeal the decision.

 

[DW44]

Let's see how much accountability there really is in Pakistan. Musharraf will be the acid test, not just for our justice system but also for our political and military establishments as a whole. Man is wanted for so many offenses, including capital ones, and he has the gall to publicly boast about how the military facilitated his escape. That, right there, is where the sun rises out of in Pakistan in case there were any doubts.

On a different note, similar to the five acquited TTP members, I was reading another piece earlier today about all six people arrested for facilitating Mullah Mansur's acquisition of Pakistani documents being out on bail. So much for justice.

 

[saeedhk]

Let's see how much accountability there really is in Pakistan. Musharraf will be the acid test, not just for our justice system but also for our political and military establishments as a whole. Man is wanted for so many offenses, including capital ones, and he has the gall to publicly boast about how the military facilitated his escape. That, right there, is where the sun rises out of in Pakistan in case there were any doubts.

On a different note, similar to the five acquited TTP members, I was reading another piece earlier today about all six people arrested for facilitating Mullah Mansur's acquisition of Pakistani documents being out on bail. So much for justice.

Read that too. They are all free!

 

[MenInG]

https://www.dawn.com/news/1355572/will-face-courts-in-benazir-murder-case-musharraf

Former president Gen Pervez Musharraf said on Sunday that he will face the courts in the Benazir Bhutto assassination case in Pakistan after his health improves.

In a statement issued by the All Pakistan Muslim League (APML) secretariat, Musharraf said that the recent court verdict was not against him as his case is still pending.

Terming American journalist and lobbyist Mark Siegel's statement "meaningless", Musharraf said that his lawyers had already refuted the comments.

Siegel, in his testimony in 2015, had claimed Musharraf had threatened Bhutto with dire consequences if she chose to return to Pakistan from exile.

The former dictator also said that his legal team was looking into the issue of his property's seizure and that he, or his family, would take appropriate legal action after consultation. He claimed that he was wrongly included in the case on a political basis.

A joint investigation team had implicated Musharraf in the case, saying that his government did not provide adequate security to the former prime minister despite her repeated requests.

Earlier this week, an anti-terrorism court (ATC) acquitted five Tehreek-i-Taliban Pakistan (TTP) suspects and announced 17-year imprisonment for two police officials in Benazir Bhutto murder case.

Apart from Musharraf, five other men — Baitullah Mehsud, Ahmad Gul, Iqramullah, Abdullah, and Faizullah — were also declared absconders.

The case had lingered on for nearly ten years. During the case, 68 witnesses appeared on behalf of the prosecution and recorded their testimonies. The police presented three charge sheets before the court, whereas the Federal Investigation Agency (FIA) presented five.

The judge hearing the case was changed eight times.

In 2013, FIA's special prosecutor in the case was killed by unknown assailants. Doctors said he had been killed with 10 bullets targeting his chest and shoulder.

Benazir Bhutto — twice elected prime minister of Pakistan — was assassinated when terrorists attacked her convoy, as it was leaving the historic Liaquat Bagh after addressing a public meeting on Dec 27, 2007.

 

[Muhammad10]

PPP challenges Benazir murder verdict, asks LHC to award punishment to Musharraf

The PPP on Monday filed three appeals before the Lahore High Court's Rawalpindi bench, challenging the verdict passed by an anti-terrorism court (ATC) in the Benazir Bhutto murder case.

The appeals, filed by Barrister Latif Khosa on behalf of PPP Co-Chairman Asif Ali Zardari, ask the court to announce a punishment for retired Gen Pervez Musharraf in accordance with the ATC verdict.

The ATC, in its ruling on August 31, had directed authorities to seize Musharraf's properties and issue perpetual arrest warrants for the former dictator, while also declaring him an absconder in the case.

"In an email, Benazir Bhutto had told [American journalist and lobbyist] Mark Siegel about the threats made to her life under Musharraf," the appeal states.

In a second appeal, the court has been called upon to change the sentence given to police officers involved in the case.

Saud Aziz, who was police chief of Rawalpindi when Bhutto was assassinated in 2007, and Khurram Shahzad, a former Superintendent of Police at Rawal Town, were each awarded 17 years in prison.

The appeal points out that punishment for murder in the Constitution is death sentence and therefore, the police officers should be given the same.

The third appeal asks the court to award death sentence to the five Tehreek-i-Taliban Pakistan suspects who were acquitted by the ATC.

The five TTP suspects — Rafaqat Hussain, Husnain Gul, Sher Zaman, Aitzaz Shah and Abdul Rashid — were cleared of all charges in the murder trial.

The appeal states that Shah was given the benefit of being underage in the verdict; however, he, too, should be given the death sentence.

Bhutto was assassinated during a public gathering at Rawalpindi's Liaquat Bagh on Dec 27, 2007.

https://www.dawn.com/news/1358488/p...ict-asks-lhc-to-award-punishment-to-musharraf

 

[giri26]

Five ‘TTP men’ held in Benazir killing case granted bail

RAWALPINDI: The five suspected Tehreek-i-Taliban Pakistan (TTP) members who had been arrested for conspiring to assassinate Pakistan Peoples Party chairperson and former prime minister Benazir Bhutto in 2007 were granted bail on surety bonds worth Rs500,000 each on Monday.

A two-member Rawal*pindi bench of the Lahore High Court comprising Justice Mirza Waqas and Justice Sardar Serfraz granted bail to the TTP suspects — Abdul Rashid, Aitzaz Shah, Rafaqat Hussain, Husnain Gul and Sher Zaman — who were shifted to the Kot Lakhpat jail in Lahore from the Adiala jail on Nov 28, 2017.

Ms Bhutto was assassinated in a gun-and-bomb attack after her election rally in Liaquat Bagh on Dec 27, 2007. For her assassination, the then government of Gen Pervez Musharraf had blamed TTP chief Baituallah Mehsud, who later denied any involvement in her killing.

When the Punjab prison authorities were contacted, the officials said they had not received the court orders for the release on bail of the five TTP suspects from the Kot Lakhpat jail.

However, an official of the prison department said the release orders were likely to be received on Tuesday or Wednesday. He added that the provincial government could extend their detention as the Punjab government had the legal authority to do so.

On Monday, the two-member LHC bench accepted the plea of the father of Aitzaz Shah, one of the five suspects, who said he had nothing left to pay fee to his lawyers. The court ordered their release on submission of surety bonds worth Rs 500,000 by each suspect.

The bench further directed the authorities concerned to ensure their presence at every hearing of the case.

Earlier, an Anti-Terrorism Court (ATC) in Rawalpindi in its Aug 31, 2017 verdict acquitted the five TTP suspects and handed down 17-year jail terms to two police officers for criminal negligence in ordering the hosing down of the crime-scene and their failure to provide security to Ms Bhutto. The ATC also declared retired Gen Pervez Musharraf an absconder in the case.

Soon after their acquittal by the ATC, the five TTP suspects were detained for 30 days at the Adiala central jail on the recommendation of the Counter-Terrorism Department of the Punjab police. On Sept 1, 2017, a CTD district officer informed the Rawalpindi district administration through a letter that the release from jail of Sher Zaman, resident of North Wazirstan, would be prejudicial to public safety and maintenance of public order. The district administration subsequently issued detention orders under Section 26 of the Maintenance of Public Order (MPO) ordinance for the five suspects for a period of one month. After the completion of the month-long detention, they were detained for another 60 days. On Nov 28, 2017, the TTP suspects were again detained for three more months on a directive of the LHC.

https://www.dawn.com/news/1406274/five-ttp-men-held-in-benazir-killing-case-granted-bail

 

[MenInG]

The Supreme Court (SC) ruled on Tuesday that pleas filed by two former army officers against their convictions for plotting to overthrow the government of late prime minister Benazir Bhutto in 1995 were “without merit” and hence, stood dismissed.

The two ex-army officers, Col Mohammad Azad Minhas and Col Inayat Ullah Khan, were arrested on Sept 26, 1995, along with now deceased Maj Gen Zaheerul Islam Abbasi, Brig Mustansir Billa and 38 other military officers on the charge of plotting to storm a corps commanders meeting scheduled to be held on Sept 30 that year at the General Headquarters in Rawalpindi.

The alleged plan included the assassination of then-prime minister Benazir and army chief Gen Waheed Kakar, senior cabinet ministers and military chiefs, to be followed by the proclamation of the Islamic system of Khilafat with Maj Gen Abbasi as Ameerul Momineen.

The details of the conspiracy were revealed after Qari Saifullah Akhtar, one of the conspirators and chief of his breakaway faction called Harkat-ul-Jihad al Islami, turned an approver.


On his witness, the Field General Court Martial (FGCM) awarded seven years of imprisonment to retired Maj Gen Abbasi, when a large cache of arms and military uniforms were confiscated. The FGCM also awarded a 14-year jail term to Brig Mustansir Billa for his alleged involvement in the attempted coup.

Col Minhas and Col Khan were court-martialled in Sept 1996 for their alleged role in the conspiracy by the FGCM and sentenced to four years each in prison by a military court.

Col Khan had challenged the sentence in the Supreme Court in 2000 and Col Minhas in the Lahore High Court which dismissed his appeal in May last year.

In their appeal before the SC, they contended that the sentence was without jurisdiction and with mala fide intention as a consequence of which they had been removed from the military service and their properties and other privileges confiscated.

The apex court had reserved its verdict on their pleas in February last year.

The judgement, a copy of which is available with Dawn.com, said during the course of arguments, the two former officers contended it was mandatory for the prosecution to prove the main offence of “conspiring to wage a war against Pakistan” before starting trial against them on another charge.

They further argued that the principal charge framed under the Pakistan Army Act, 1952 lacked “jurisdiction” and was “illegal” as it “exclusively relates to misconduct or omission committed on the basis of assigned military duty”.

According to the petitioners, their court-martial was based on “mala fide” as the FGCM lacked the jurisdiction to issue the order and hence, it was “not sustainable in the eyes of law”.

In response, the Additional Attorney General for Pakistan contested these claims.

After hearing arguments from both sides, the court observed that the two former officers were rightly dealt with under the Army Act on that matter and as such, their argument that action taken against them under the law be declared based on mala fide had “no legal justification”.

Moreover, their argument that their trial before the FGCM was an “abuse of process has no sanctity” and was “vehemently discarded”, the court order said.

The court observed that if the petitioners’ argument that the concept of duty/ obligation assigned to a military officer necessarily related to a duty/responsibility assigned for a particular task was accepted, “it would amount to a narrow interpretation regarding responsibilities of members of a disciplined force”.

“A military officer of either of the rank is under a bounden duty to execute momentary obligations assigned or not, in order to uphold the dignity, reputation, discipline and above all maintain order of the institution in letter and spirit.

“Any act of omission, which hampers integrity/discipline of the institution would definitely be accountable considering it an act triable under the Army Act,” it said.

The court also termed the pleas filed by the two former army officers in the SC and high court “not maintainable”.

It further observed that petitioners’ had moved the court against their convictions after considerable and “could not give sufficient reason as to why they remained silent for years and did not invoke the constitutional jurisdiction well in time, therefore, on this score alone, their constitutional petitions are liable to be dismissed”.

On the petitioners’ contention against them being deprived of privileges and amenities meant for army personnel, including membership in the housing scheme and allotment of plots, the court noted it was settled that “dismissal from service squarely takes away all the perks, privileges and amenity services from an army personnel conferred in lieu of his induction into the Pakistan Army”.

“There is no second cavil to this proposition that after dismissal from service, the appellant/petitioner cannot claim any benefit because of the reason that their termination was in pursuance of the defiance of the discipline and order of the institution discreetly,” the court order read.

The petitioners’ contention that taking away these privileges and amenities from them made them a “victim of double jeopardy” — a defence that prevents a person from being tried twice for the same crime based on the same conduct — lacked any “legal foundation” and consequently, was “immensely rebutted”.

On the basis of afore-mentioned grounds, their pleas were “dismissed, being without merit”, the court ruled.

DAWN