SC seeks details of Benazir's inheritance

CJP assures foolproof security to Pervez Musharraf if he returns to country

ISLAMABAD: The Supreme Court on Tuesday asked for details of assets that former president Asif Ali Zardari and his children inherited from the late Benazir Bhutto.

A three-judge bench of the top court, headed by Chief Justice of Pakistan (CJP) Mian Saqib Nisar, issued the directives on a petition filed by Advocate Feroz Shah Gilani, the president of the Lawyers Foundation for Justice, naming former presidents Gen (retd) Pervez Musharraf and Asif Ali Zardari, former attorney general Malik Muhammad Qayyum and the National Accountability Bureau as respondents.

Earlier, in its order of August 29, the Supreme Court had sought details of foreign assets belonging to Asif Zardari and his slain wife, former prime minister Benazir Bhutto.

At the outset, the CJP accused the Pakistan Peoples Party (PPP) of failing to conduct effective trial in the Benazir murder case during their stay in power.

The chief justice also expressed his concern over defence counsel Farooq H Naek’s contention that seeking assets details of Shaheed Mohtarma Benazir Bhutto “is tantamount to the trial of her grave”.



“For God’s sake, who is conducting the trial of Shaheed Benazir Bhutto!” he exclaimed. “We are just seeking information about assets.”

Likewise, the chief justice told the counsel that Benazir was murdered but “you people could not conduct a proper trial in her murder case”.

Naek replied that the former prime minister was murdered in Musharraf's tenure.

At this, another senior PPP lawyer, Sardar Latif Khosa, who was present in the courtroom, stood up from his seat and explained, “All accused have been acquitted and the appeal regarding their acquittal is in the apex court pending a decision.”

In response, the CJP reminded Khosa that he may file application for an early hearing of the case.

During the hearing, when Naek again argued that seeking details of Shaheed Mohtrama’s assets was tantamount to the trial of her grave, another member of the bench, Justice Umar Ata Bandial, remarked, “The court will consider your contention about the details of Benazir Bhutto’s assets… we will consider it.”

After deliberations, the three judges slightly amended the earlier order and directed Zardari to furnish details of all properties that he and his children inherited from the slain PM.

However, the bench did not accept Naek’s plea to furnish asset details of five years, rather than ten.

Three top PPP lawyers – Aitezaz Ahsan, Latif Khosa and Farooq H Naek – were present in the court to witness proceedings.

Earlier, Naek, while raising legal objections to the order, wondered how the court could seek assets details of an ordinary citizen.

But the chief justice referred to Justice (retd) Sabihuddin’s judgment that justified action against private persons in such matters.

When Naek stated that the scope of Article 184(3) would be enlarged in that way, the chief justice said, “It does not matter if the scope is enlarged for ‘justice’.”

The counsel requested the bench to treat Zardari as an ordinary person as all are equal before law. He added that Zardari was acquitted in eight corruption cases and “now his appeals are pending in the high court”. He remained in jail from 1999 to 2005, said Naek.

However, Justice Ijazul Ahsan, another member of the bench, remarked, “The court is just asking for disclosure of his assets as he is a public office-holder.”

The chief justice said that Zardari should be happy as the court was giving him the opportunity to get himself cleared of corruption allegations.

The bench gave Zardari 15 days to submit details of the assets he inherited from his late spouse.

On the last date of hearing, the bench had directed Zardari, Pervez Musharraf and Malik Abdul Qayyum to file comprehensive statements of assets and bank accounts in their names and those of their spouses for the last 10 years. Malik Qayyum has again sought one week’s time to submit a reply.

Meanwhile, regarding the matter related to the asset details of former military ruler Gen (retd) Pervez Musharraf, the bench again offered to provide him all facilities if he returns to the country to face the treason trial.

The chief justice asked his counsel, Akhtar Shah, why Musharraf was not appearing before the special court, adding whether the law was different for him.

Shah responded that his client was facing a number of challenges related to security, health and freezing of assets.

The chief justice reiterated the ‘foolproof’ security offer for the absconding former president “if he returns to Pakistan”.



Likewise, the bench instructed the DG Rangers to ensure security of the former military ruler. It also ordered de-sealing Musharraf’s Chak Shahzad farmhouse upon his arrival and asked for his travel details.

During the hearing, Justice Nisar said best medical experts would examine the former president upon his return to the country. Likewise, the court would pass an order to provide him necessary travel documents, he added.

The CJP also said the former military ruler was spotted enjoying at parties while he had been declared absconder from the court.

“If Musharraf is acquitted from the court in the treason case, he can go live wherever he wants,” Justice Nisar said, adding, “We will unfreeze all his properties and not question how he even acquired them.”

However, the bench refused to give any guarantee to allow Musharraf to travel abroad after his appearance before the special court, adding that it was the prerogative of the trial court to pass order regarding his request to travel abroad during trial.

Meanwhile, Musharraf’s counsel sought one week’s time to consult his client regarding his return in view of the court assurances of providing health and security facilities.

It is to be noted that the special court led by Justice Yawar Ali is resuming hearing of the treason case and directed the federal government to submit written reply regarding Musharraf’s appearance on October 9.

Justice Yawar is going to retire on October 22.