Court proceedings: Musharraf gets bail in Benazir murder case

ATC asks ex-president to submit two surety bonds of Rs 1 million each.

RAWALPINDI/ ISLAMABAD:

The Anti-Terrorism Court (ATC) Rawalpindi granted bail to former president General (Retd) Pervez Musharraf on Monday in the Benazir Bhutto assassination case and ordered his immediate release.

Musharraf has been detained in his Chak Shahzad farmhouse since April 19 on charges of conspiracy to murder two-time prime minister Bhutto.

After a two-hour-long bail plea hearing, ATC Rawalpindi Number-1 Special Judge Chaudhry Habibur Rehman approved Musharraf’s bail and ordered him to submit two surety bonds worth Rs1 million each.



During the hearing, Musharraf’s lawyer, Barrister Salman Safdar said his client could not be held responsible for not undertaking Benazir Bhutto’s autopsy as President Asif Ali Zardari had decided not to conduct the former premier’s post-mortem.

He questioned why four other suspects named by Benazir were not part of the interrogation. The case, Barrister Safdar said, was politically motivated as the slain former premier’s security was the responsibility of security officers and not Musharraf.



Earlier, the Federal Investigation Agency’s (FIA) prosecutor, Chaudhry Azhar, had raised objections over the bail plea on the grounds that Musharraf might flee the country if he was granted bail after which the bench reserved its decision. However, the court after hearing both counsels on Monday ordered the former president’s release.

Later, while talking to The Express Tribune, Barrister Safdar said there is no evidence in any form or shape to remotely connect his client in the murder case.

“It is unfortunate that a former president of the country is behind bars,” Barrister Safdar said.

“Musharraf has no role directly or indirectly in the alleged hosing down [of] the crime scene.”

He said the former president cannot be held responsible for not carrying out Benazir’s autopsy.

Barrister Safdar alleged that FIA had ulterior motives by taking the responsibility of investigating Benazir’s murder case as it was already being interrogated by a joint investigation team of police.

“But they started investigating this case in order to create a twist,” he said.

Treason trial

In a separate hearing, a senior lawyer representing one of the six petitioners seeking Musharraf’s treason trial argued that the ex-military dictator had already been declared guilty and the trial only awaits the final verdict.

Addressing a three-judge bench of the Supreme Court, headed by Justice Jawwad S Khawaja, Advocate A K Dogar argued that the former president was given the option to attend hearings in the Sindh High Court Bar Association case and give his version, however, he did not appear before the court.

Advocate Dogar said it seemed Musharraf had decided not to contest charges. “It is a case of no contesting by the defendant as Musharraf did not respond to the notices issued by the Supreme Court.”

He said the Supreme Court on July 31, 2009 declared the 2007 emergency unconstitutional. Besides this judgment, documentary evidences like the Proclamation of Emergency Notification and Provisional Constitution Order (PCO), are still available with the federal government. Both, he said, point towards the fact that the former president is guilty.

To this, Justice Jawwad S Khawaja said if any evidences in favour of the PCO are provided to the court by Musharraf’s side, the bench will only give its decision after reviewing the material.

Pressing his point further, Advocate Dogar said circumstantial evidence, such as the lawyers’ movement are also available to prove the former president guilty of treason.

The bench adjourned the hearing till May 23.

Earlier, lawyers representing Musharraf said the former president alone was not responsible for the emergency and the bench was not competent enough to hear petitions against him.

Published in The Express Tribune, May 21^st, 2013.