Bhutto’s murder was custodial, argues Awan

Babar Awan contends the approver’s testimony does not qualify as eyewitness account.

ISLAMABAD:

Zulfikar Ali Bhutto was killed under custody and the judiciary played a part in that, argued Dr Babar Awan, counsel of President Asif Ali Zardari on Tuesday in the reference seeking a review of the murder trial of Pakistan Peoples Party’s founder.

“The then-chief justice of Lahore High Court (LHC) Maulvi Mushtaq Hussain issued death warrants of ZA Bhutto on three different dates – on April 2, 3 and 4 – in violation of the law,” the counsel contended before an 11-member bench headed by Chief Justice of Pakistan Iftikhar Muhammad Chaudhry.

Bhutto’s death was not medically verified because, according to the then-jail superintendent, no medical officer was present at the time of his hanging, Awan added.

“The present generation is unaware of the events that took place 32 years ago, therefore, every fact must be brought in front of the court because it is a case of international importance,” the chief justice remarked when Babar resumed his arguments on Tuesday morning.

When asked to produce the FIR registered against Bhutto in 1974, Awan said he was unable to obtain the record from Ichra Police Station, Lahore.

The court ordered advocate-general Punjab Khwaja Haris to obtain a record of the FIR, and the investigation in light of the FIR, and submit it in the court on Wednesday (today).

The court directed Awan to submit a log of Bhutto’s applications and the court orders of that time to legally substantiate the biases in the trial proceedings.

Awan brought up the testimony of Masood Mahmood, the director-general of the Federal Security Force and the approver in Bhutto’s trial, contending that his testimony does not fall into the category of eyewitness account. Besides, there would be no basis for Bhutto’s punishment if this testimony is disposed of, Awan argued.

“Your entire case is based on Masood’s statement,” Justice Javed Iqbal replied, to which Awan said that the case is about the behaviour of the judiciary, especially the then-chief justice of LHC, who behaved like an executioner, not a judge.

The chief justice also welcomed Prime Minister Yousaf Raza Gilani who, Awan said, was interested in observing the proceedings of the reference.

The hearing was then adjourned till Wednesday morning.

Published in The Express Tribune, May 4^th, 2011.