ISLAMABAD: A high-powered four-member lawyers team headed by Farooq Naik and comprising Abu Bakar Zardari, Arshad Tabraiz and Qurban Ali Khoso, represents Asif Zardari in the numerous cases against him in various courts. The lawyers are not shy to declare that most of these cases have no substance and evidence but are politically motivated. Senior lawyer Farooq Naik said that Asif Ali Zardari has been imprisoned in Pakistan and the seventh consecutive year has been started now to him in jail. Since the government of his spouse, Benazir Bhutto former Prime Minister of Pakistan was dissolved by Presidential fiat on 5th November, l996. He was arrested on November 5, 1996, from the Governor house Lahore and since then facing the solitary confinement in different jails and presently he is kept in a small room in the government's hospital known as PIMS at Islamabad declared as sub-jail. He is no doubt an ailing person but his morale is very high as he believes in democracy, social justice, equality before law and supremacy of God who tests his people by putting them under various pressures as after all life and death is Ordained by God Almighty claimed Mr. Naik.
While telling the history of the cases registered against Asif Ali Zardari, Farooq said it is the painful story spread over the years because past three successive governments of Farooq Leghari, Nawaz Sharif and Musharraf has registered 16 cases in Sindh and Punjab provinces. Out of the 16 cases, in one case, Pakistan Steel Mills reference, he was convicted. He has acquitted the case known as Karachi Electric Supply Corporation (KESC) case, while out of remaining 14 under trial cases he got bail in 13 cases and is now in jail because of the BMW carcass. There are at present eight references under National Accountability Bureau (NAB) Ordinance 1999 pending against Zardari at Rawalpindi and Attock Fort, a military garrison, he observed. A legal expert said if the list of corruption charges against General Musharraf was prepared, it would be far more substantial and larger than the cases against Asif Zardari as in none of these cases conclusive evidence has been produced to convict him. That is why the Government has dragged these cases on to keep Asif in jail. Here is a brief list of the charges:1. Asset Reference No.l4/2001: This Reference is pending since July 1998. Presently it is being tried in the Accountability Court at Attock Fort since April 2001 after Zardari was shifted from Karachi to Rawalpindi/Islamabad by NAB authorities. The prosecution till date has only examined 33 witnesses out of 62 witnesses.
2. Polo Ground Reference No. 6/2000: This Reference was adjourned sine die by the Accountability Court in Attock Fort on l7th March 2001. No date of hearing has been fixed since then.
3. Ursus Tractor Reference No. 25 /2000: This Reference, which was filed in July 1998, has not proceeded at all since the day it was transferred from the Accountability Court in Rawalpindi to the Accountability Court in Attock Fort in November 2001.
4. Cotecna Reference No.35/2001: This Reference, which was filed in July 1998, has also not proceeded since 12th June 2001 when it was adjourned sine die by the Accountability Court in Rawalpindi on the request of the Prosecutor General NAB.
5. SGS Reference No. 41/2000: This Reference was remanded to Accountability Court Rawalpindi, by the Supreme Court of Pakistan on 5th Apri1 2001 after setting aside the judgment of the Accountability Court dated l4th April 1999 convicting Zardari along with his spouse Benazir Bhutto for retrial. Thereafter the prosecution evidence has not commenced till date.
Application of Asif Zardari that he has served his sentence and that he cannot be tried again on the principle of "double jeopardy" has not been heard and decided by the court despite the fact it was filed as far back as l4th September 2002 under Article 13 of the Constitution of Pakistan which lays down that no one can be tried or convicted twice for the same offense".
6. A.R.Y. Gold Reference No.23/2000: This Reference, which was filed on July 1998, is pending before the Accountability Court in Rawalpindi since its transfer at the beginning of the year 2000. The Prosecution has not examined any witness since its transfer to the present court.
7. BMW Care Reference 59/2002: In this Reference, warrants of arrest of Zardari were issued in the evening of l5th December 2001 when he was bailed out in the last of the cases viz. Narcotics Case on 15/17 December 2001. Issuance of Warrant and arrest of Asif in this Reference was only to prevent his release. The allegation is that he imported the car in 1995 and miss-declared the value thereof and evaded payment of duties and charges. First of all the car is not registered in the name of Asif. It has changed ownership thrice and there is no document linking Zardari with the car. Secondly under Section 32 of Customs Act 1969, if there is a declaration by any importer, short levied duty cannot be recovered after three years. In this case, car was imported in 1995 and as such the recovery of dues, if any, is barred by limitation.
As far as the trial of the case before the Accountability Court is concerned, the NAB filed the Reference in May 2002. After the court indicted Zardari, the prosecutor examined one witness, who had been instrumental in importing the car from the UK to Pakistan. The said witness has stated that one Ghani Ansari and his brother Rashid Ansari imported the said car through him and that Zardari had nothing to do with it. Asif has filed an application for the acquittal, which is pending.
8. Steel Mills Reference No. 27/2000. In this Reference, which was filed on June 1998, the Accountability Court Rawalpindi convicted Zardari on 12 September 2002 after being put under extreme pressure by the government. The judgment was announced at 8.50 p.m. which is against the practice and law as the court rise for the day at 4.00 p.m. Surprisingly at 9.00 p.m. on the same day the government announced on national media about the conviction in order to malign and defame Zardari.
The conviction order is without substance as there is not an iota of evidence involving Asif in the commission of the alleged offense. The allegation in the said case was that Mr. Sajjad Hussain, former Chairman Pakistan Steel Mills in order to gain favor of Asif Ali Zardari for confirmation of his service arranged a sum of rupees 30 million from mercury corporation which had a contract with the Pakistan Steel Mills by giving the said Corporation and paid the same to Asif Ali Zardari. Sajjad Hussain, unfortunately, died before he gave evidence in the court.
However, during his lifetime while he was unlawfully confined by the Nawaz regime to extract forcible confession from him, his wife Mrs. Amna Hussain had filed constitution petition in the Sindh High Court at Karachi contending that her husband is suffering from various deceases including acute depression and his being forced by the Nawaz regime specially senator Saif ur Rehman the then Chairman Ehtesab Bureau to make statement Asif Ali Zardari.
The irony of the case is that National Accountability Bureau recovered the said sum of Rs. 30 million from Mercury Corporation, as prior to the announcement of judgment convicting Asif Ali Zardari but the said fact was not revealed to the Accountability Court, which convicted the Asif Ali Zardari. The judgment is nothing but a travesty of justice said the lawyer.
Six Criminal Cases at Karachi (Sindh): The said cases are not being proceeded since February 2001 when Zardari was sent on internal exile from his home town Karachi within the province of Sindh to Rawalpindi/Islamabad within the province of Punjab about 1000 miles away. These cases included four murder cases registered against him told Farooq Naik.
The Government is responsible for the delay, as Asif is confined in Rawalpindi, is not being produced before these courts at Karachi despite the fact that orders for his production are regularly being issued for every date of hearing by the concerned courts. Murder cases are titled as Murtaza Bhutto, Justice Nizam, Alam Baloch, and Sajjad Hussain. One case is registered against Asif allegedly said that he has shifted households to Surrey Mahal London form Bilawal House Karachi.
Two cases have been registered against Asif alleging that he attempted to commit suicide in jail while he was under investigation.
Narcotics Case No. 436 1998: This case is pending in session court Lahore and Asif Zardari is being taken to Lahore for appearance before the Sessions Judge in violation to the order of the Supreme Court but however, he is not being produced before the Court at Karachi under the cover of the order of Supreme Court.
In the said case since 1998 till date out of 23 witnesses only five-prosecution witness have been examined. The evidence of all these witnesses which has come on record explicitly show that a false case at the behest of Saif Ur Rehman former Chairman of Accountability Bureau during the period of Mian Nawaz Sharif, the then prime minister, was registered against Zardari, his lawyer observed. He said it is obvious that the government with malafide intentions and ulterior motives in a systematic and planned manner wants to keep Asif in prison for the rest of his life claimed Naik. Asif Zardari is suffering from various life-threatening ailments including Spondylitis. Zardari was admitted in Dr. Ziauddin University Hospital, Clifton Karachi, which had the requisite facilities including Hydrotherapy under the order of the Supreme Court of Pakistan, dated 11th August 2000.
However, NAB authorities without the permission of the Supreme Court shifted him from Karachi the Rawalpindi/Islamabad unilaterally and arbitrarily in February 2001 and confined him in a small room, the windows of which remain closed all the time and black painted, in the hospital known as Pakistan Institute of Medical Sciences (PIMS) Islamabad. All the facilities granted to Asif Ali Zardari in the hospital including Television and meeting with his counsel and family members (twice a week) are under the order of various courts. It can be said without fear of contradiction that government never of its own granted or gave any facility to Asif, said Naik. The officials on duty have strict instructions not to allow any facility to him over and above granted by the courts. A qualified physician/doctor does not accompany Asif in the ambulance which is old and rickety, for appearance before various courts said, Farooq. The government till date has flouted the order of the court by not providing with the facility of a walk as ordered by the court under the advice of the doctors and which is having serious adverse effect on his health, claimed Naik. The hydrotherapy treatment is not being carried out, as the said facility is not available in PIMS. The said facility is of utmost necessity as the specialists who examined him, have recommended the same.
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