It sounds like a story straight from one of Jeffery Archer’s novels. A story riddled with vengeance, intrigues, tragedies, ironies and sufferings. But it is real and without any ending.
Who could have thought that a cabinet meeting chaired by the then prime minister of Pakistan, Mohtarma Benazir Bhutto in September 1994, would haunt her for the rest of her life and keep the next PPP government under the sword of Damocles. In that fateful cabinet meeting, a unanimous decision was taken for granting contract to two pre-shipment inspection agencies, namely SGS and Cotecna.
According to Ahmad Sadik, the then Principal Secretary and Prosecution Witness Number 9 (in Reference under Sections 3 & 4 of The Ehtesab Act of 1997, Judgement, Para 24): “This meeting was a continuation of pre-shipment inspection scheme which was floated in the year 1991. Deliberation and discussion has taken place thoroughly touching all the points in the meeting and codal formalities were observed for approval and award of contract.”
The scheme was floated in 1991 by Nawaz Sharif when he was the prime minister. Two companies were shortlisted, but due to a political crisis, the decision could not be taken till a new government was installed. That was done by Ms Bhutto. The scheme began on January 1, 1995 and was in operation for 18 months. It helped the CBR in generating more revenues (Rs27 billion) and enabled the Customs to become more transparent. In 1997, the PML-N government came back to power and tried to reverse all the policies and actions of the previous PPP government. Contracts were cancelled, cases were instituted against foreign investors and a witch-hunt was conducted against Ms Bhutto and her husband. Five cases were filed against her and 13 against Mr Zardari — among them the famous SGS Cotecna case and one filed in Switzerland for money laundering.
It is ironic that the same judge who sentenced Ms Bhutto and Mr Zardari to five years imprisonment in this case, Justice Malik Qayyum, is also the one who wrote a letter to the Swiss authorities dated May 22, 2008, saying: “Contract was awarded to pre-shipment inspection companies in good faith in discharge of official functions by the state functionaries in accordance with rules.”
After the conviction, tapes surfaced of a telephone conversation which showed that Justice Qayyum was directed to expedite the case, which he did willingly. The sentence was challenged in the Supreme Court and a seven-member bench headed by Justice Bashir Jahangiri was formed in March 2001. The bench concluded that Malik Qayyum had acquired “a personal interest” in the case and sent it back for retrial. Since then, the case has never been taken up by the courts.
In Geneva, the proceedings against the former prime minister were initiated on November 3, 1997. The trial continued for 11 years and several people were heard as witnesses. The witnesses rejected the allegations and said that due process and best practices were observed in granting the contract to the two pre-shipment inspection agencies.
The public prosecutor of the Republic and Canton of Geneva went on to write in his order that the testimonies collected showed “no conclusive evidence which would allow to invalidate the final observation that the procedure of contract allocation was not marred by irregularities”.
The main character of this story is no more — she sacrificed her life at the altar of democracy. Yet the hunters are still after her. Perhaps, they want a trial of her grave.
Published in The Express Tribune, February 7th, 2012.
COMMENTS (42)
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I don't care about trials against PPP. Your party chairman will get away. Don't worry. Your rant is useless for a common Pakistani. You gain no sympathy by acting as a victim. What you have given us in four years? Please write an article on that.
Are we trying to wish away the judgement pronounced by a Swiss court in 2003: "Swiss authorities have issued former Pakistani prime minister Benazir Bhutto and her husband Asif Zardari with a six months' suspended sentence and fined them 50,000 dollars each in a graft case, their lawyer announced here yesterday. "The Swiss Investigation Officer Devaud has on July 31... passed an order pronouncing six months of suspended sentence and a fine of 50,000 dollars each" to Benazir and Zardari, lawyer and senator Farooq Naek said in a statement". Check it on Google and you will find enough reputable sources to confirm this. Do you really believe history can be rewritten so easily? It is very sad indeed and I wish they had been sincerely concerned about the plight of the poor in Pakistan and checked their avarice and greed. The whole nation lost but they the bigger losers. If they had not been blinded they would have known that the wealth they amass is but fire which rises over the hearts. May God forgive us all. @Dr Saifur Rehman:
@khalid @Beezo @plaintalk @pro bono publico As far as re-opening of Z. A. Bhutto's case is concerned. Z.A. Bhutto was hanged because of that case and it was judicial murder and nation lost a great leader because of that verdict of SC, Z. A. Bhutto's case was reopened to set the history right. But Benazir Bhutto was not assassinated like that. What a beautiful sentence written by Fauzia Wahab "she sacrificed her life at the altar of democracy, Yet the hunters are still after her. Perhaps, they want a trial her grave" Benazir Bhutto faced consequences of trials bravely and during her life, she was acquitted of all charges against her by almost all of the courts, where case were pending. And in this way, now she has got procedural defence that forbids a defendant from being tried again on the same(or similar) charges following a legitimate acquittal. According to article 13(A) of constitution of Pakistan, no person shall be prosecuted for the same offence more than once when there is already acquittals were given. Given that, it would definitely be "The trial of her grave".
Fauzia, one can hide behind graves but not from them. That is the ultimate place we all go to, irrespective of our religious beliefs. I am no mullah but every muslaim knows you cant take a dime there. Imagine the respect & satisfaction you politicians could have earned had you worked so hard not trying to hide this money but to spend it for welfare. This would have given economical strength to the country and in-turn also to all of you. That money would also been enought to lead a comfortable life anywhere in the world... therez still time before you reach the grave..... think about it!!!
Yes if you repeat even a blatant lie often enough enough it may become the truth. But what with the internet etc. it is much more difficult now and you can't hide away something in the public record. @Dr Saifur Rehman:
Yea, why not. But is there anybody in the world who doesn't know the truth? And what happens when it is openly declared. I suppose truth is always bitter!@Beezo:
trial is of asif zardari not b.b grave
In an ideal world frankly no one would care that much, had you guys delivered something. You had 3/4 years to solve electricity issue, infact the circular debt grew and god knows when it will be settled and the list goes on. As for your attempt to set the facts straight, even if you are correct, no one would believe you hence the saying "your never famous in power" unless you perform.
8500 billion lost in corruption by whom?? in four years who will explain and who will repay, or will all wait for their trials in their graves??? Not being afraid under the Democratic rules, all at the helm of affairs want to make money robbing the poor masses.?? lies is the form and norm of the day.? The facts mentioned in the academic article have no bearing to the commission paid and proved??World knows which the writer does not know????How is it possible
All rubbish! Honesty speaks for itself. The five Fs are just ridiculing PPP as stated by Anjum Niaz in her article sometime ago, Please Fouzia ask your party leaders to have mercy on poor voters and solve their problems. Courts are there to dispense Justice. You dont need to wory for that,,,,,,,,,
I was watching program najam sethi with apas ki baat, in which program host muneeb farooq asked him about politically motivated cases against benazir and zardari, Najam srthi replied that all cases were born due to biased accountbility by then NAB chairman saifur rehman.Najam sethi clarified this myth and hesaid that he himself was part of that commission initialy but when he saw that there was going something fishy then he stayed away from from such national tragedy. He further said millions of dollars were wasted to file thes cases. Such a veteran analyst, journalist and part of that commission has so many times on different occasion categorically stated that SGS and cotecna cases were fake and politically motivated.Hence Fauzia Wahab is right when she writes "The trial of her grave".
by writing such brilliant piece of article, Ms. Fauzia Wahab has shared very important knowledge with us. She has remained most loyal to PPP in all difficult times and defended PPP on every forum. Her vision and practical politics in in accordance with fundamental documents of PPP. Moreover, she has upheld liberal face of PPP in highly polarized, fanatic and charged environment of Pakistan. No doubt, she is courageous and bravr lady. Hats off to Fauzia Wahab
Roti?? .. Kapra?? .Makan? . . Electricity?? Law & Order ?? Clean water.?? Justice..?? Medical facility.?? education.?? Employment.?? Sui Gas..? CNG?? LPG.? Petrol..?? And a dignity for being a Pakistani citizen ..??
Please look into my issues.
There is no harm in trial. But we have to see how long is enough to decide about a case!
Nice article.
Isn't reopening of ZAB case, to clear his name, a trial of his grave? Why not the same with BB to clear her name?
The title should be "Hiding Behind the Grave"
What is wrong with a trial? A trial is not equivalent to saying that she indeed committed any of this, it is just asking for clarity if Asif Zardari was involved. If you believe that these cases are not based on truth, then go ahead and protect her legacy by fighting for it in the court!
"The main character of this story is no more".... you are missing a point, the main character is still there, the hapless citizens of this country who were robbed over and over again.
Stop hiding behind graves - for how long you would give the people of this country the 'panacea' of martyrdom. This country needs some respite from the politics from the grave. Please count yourself among the living ones.
The dead will not be tried here. its the living who might be. Trial of the grave is just being used to get the survivor of the hook.
Mrs. Fauzia Wahab..first of all i would request you that please when you come on tv talk shows...there is no need to shout at other guests because being a woman, you look extremely disgraceful when you do that..and also when you have no solid facts to support your answer..its better to stay quiet rather than to shout at the top of your voice.
Secondly, Pakistani people are more conscious now in terms of their political knowledge and they are no longer fooled by believing everything they are told by people like you who have literally eaten up our country. So go somewhere else with your badly cooked up stories..We all know what the former prime minister and her husband have done to our country. And yes you are right. There is no need to conduct a trial of her grave. Allah will conduct our trial on the judgement day.
come on Ms. Wahab....please go the court and argue over there... and please stop being dramatic...
why not honor the grave by PPP paying 60 mil.$ back and get 3 times more from the poor country by well known methods in year left.
Duh...!
@Pro Bono Publico: She should also read the New York Times special report, "House of Graft." And by the way if the ZAB can be "re-tried" to rehabilitate him, why can't BB be tried on her grave for her wrongs?
I see no harm if an independent and just trial clears BB and her grave of the allegations.
A cheap shot by a sitting PPP MNA. For God's sake get a life and stop fooling people. BB is dead and its time PPP moves on and concentrates on the real issues rather than diverting attention from them. Never mind the trial of BB's grave, PPP is more interested in hiding behind here grave every time its corruption, incompetence and poor governance is exposed. Grow up Mrs. Fozia and stop emotionally fooling people. But then I don't really balme you or your fellow PPP colleagues. The chief culprit of the mess we are in are the people of this country. How on earth they can keep falling for your dirty emotional rhetrorics is beyond me? And I guess they'll continue to do so in the future. The people of this country are emotional fools and you take full advantage of it. Come one Pakistan, please prove me wrong and reject all the old tried and tested parties in the next general election.
The best place to prove one's honesty is before the court.
Fauzia, why not present all these arguments in the court where it matters?
SC is repeating the role of Molvi Mushtaq and Naseem Hassan Shah. This is not justice but revenge and power game of blood thirsty establishment.
zardari is alive :D
We are so fed up of this "grave trial" thing. PPP has this agenda to loot the country during its tenure and then when they are in opposition, if any corruption cases are filed they come up with such crazy theories. Can u plz justify the money asif ali zardari has? The "surrey palace" was not owned by Mr and Mrs Zardari, on every forum they negated the claims of owing it but when NRO was offered, suddenly it was proud property of yours. Also zardari has stated that the has money in swiss banks. I dont what ru defending? May be PPP does not have any moral values, i dont care if it was Benazir or Zardari. I love pakistan the most i want them to be prosecuted and punished for all the wrong doings.
If there is nothing to hide and everything is above board....why not just write the letter? Remember, the innocent are not afraid of justice.
And Please don't be so melodramatic
Mrs Wahab writes, "The main character of this story is no more — she sacrificed her life at the altar of democracy." She needs to check her spellings: it is "the alter of kleptocracy " and not "democracy". Mrs. Wahab needs to read this report: http://www.guardian.co.uk/world/2003/aug/08/pakistan.benazirbhutto/print The Guardian reports: "There is no doubt that the behaviour of Benazir Bhutto and her husband is criminally reprehensible in Pakistan," the magistrate, Daniel Devaud wrote in his sentencing order after the five-year investigation. "The order, a copy of which has been obtained by the Guardian, says that in 1995 the two companies, SGS and Cotecna, took up a contract for customs inspection of goods being imported into Pakistan. "The judge cited letters showing that 6% of the amount paid by the Pakistani government under the inspection contract would be paid as commission to companies registered in the British Virgin Islands. "One of these, Bomer Finances Inc, received $8.2m and another, Nassam Overseas Inc, received $3.8m, the judge found. "The beneficial owner of Bomer Finance is Ms Bhutto's husband, Asif Ali Zardari, but in reality she shares the assets with him and has the power of disposition, the judge said. "The beneficial owner of Nassam Overseas is Nasir Hussain, who at the time was Ms Bhutto's brother-in-law, he added."
why not your leader open his mouth about 60 million $ lying in swiss bank
what is the point of this article?,BB is dead,long live BB
Not at all convincing.
Oh...SGS and Cotecna were two different companies? I thought they were one!
Tired cliche article.