Benazir murder case: SC hears petition against police officers’ bail
ISLAMABAD: The Supreme Court on Friday resumed hearing a petition seeking the suspension of bails granted to two police officers accused in the murder case of former prime minister Benazir Bhutto.
A two-member bench headed by Justice Asif Saeed Khosa is hearing the petitions. Pakistan Peoples Party (PPP) Chairman Bilawal Bhutto Zardari, former premier Raja Pervez Ashraf, Farhatullah Babar, Mehreen Anwar Raja and other party leaders are present for the hearing.
On August 31, 2017, an anti-terrorism court in Rawalpindi announced the verdict in the Benazir Bhutto murder case and announced 17-year imprisonment for two police officials — City Police Officer (CPO) Saud Aziz and Khurram Shahzad. However, the high court had later granted them bail.
As the hearing began, the petitioner’s counsel, Sardar Latif Khosa, informed the court that his client, Rashida Bibi, has passed away.
To this, the counsel of the police officers requested that the petition be declared ineffective following the death of the petitioner. However, Justice Khosa asked whether the petitioner’s family members had filed a petition and upon being told that Bibi’s daughter had in the last hearing become party to the petition, he rejected the request of the police officers’ lawyer to declare the petition ineffective.
Justice Khosa then asked Bibi’s lawyer to continue with his arguments and questioned on what basis the bails were granted. “Scotland Yard conducted an investigation and bails cannot be granted under the anti-terrorism act nor can Islamabad High Court’s constitutional powers be curbed under Article 199,” he added.
The head of the two-judge bench further remarked, “Benazir Bhutto was to be provided security and the CPO was responsible for it while Saud Aziz deployed the SSP and contingents of police.”
“BB was shot at point-blank range and before landing in Karachi she had named certain people,” he added.
Further, Justice Khosa questioned, “Did the state challenge the bail of the accused?” Responding to him, Latif Khosa said, “The state has challenged their bails and I have also requested the chief justice of Pakistan to fix a date for the hearing of our petition but it has not been fixed even once.”
Latif Khosa further said, “The accused in violation of the law did not even conduct a postmortem. How can they be granted bail when they were sentenced to 17 years in prison by the ATC?”
The petitioner’s lawyer added, “The CPO was involved in the controversy from day one.” Questioning once again how the bail can be granted, he added, “Musharraf is also accused in the case.”
To this, Justice Khosa remarked, “BBC’s documentary report on the murder was a million times better than out investigation reports.”
During its August 2017 verdict, the ATC had also acquitted five suspects — Aitzaz Shah, Sher Zaman, Abdul Rasheed, Rafaqat Hussain and Hasnain Gul.
The ATC had also declared former president General (retd) Pervez Musharraf an absconder in the case. The ATC had named Musharraf in the case in February 2011.
Benazir murder case
Benazir Bhutto, Pakistan Peoples Party (PPP) chairperson and two-time former prime minister, was assassinated in a gun and bomb attack at an election campaign rally in Rawalpindi’s Liaquat Bagh on December 27, 2007.
An FIR over the incident was registered on behalf of the state following which the murder trial of five suspects began in February of 2008. However, once PPP won the 2008 elections, the investigation was handed over to the FIA.
