KARACHI, Jan 26: The Karsaz inquiry tribunal rejected on Saturday the PPP’s demand to stop further proceedings and summoning witnesses as the party has no trust in the tribunal.
“Since this tribunal is validly constituted and the proceedings are being conducted according to law, the prayer/observation of Senator Farooq H. Naek on behalf of his client Asif Ali Zardari and the Pakistan People’s Party calling upon this tribunal to stop conducting further proceedings of summoning witnesses are ill-advised and misconceived,” declared tribunal chief Justice (retd) Dr Ghaus Mohammad.
Dr Ghaus declared that the tribunal would continue to function and summon witnesses and would ultimately submit its report under its terms of reference.
The order was passed on a letter written by Sen Naek on behalf of PPP Co-chairman Zardari to the tribunal chief. Sen Naek did not appear before the tribunal.
The tribunal chief read out Mr Naek’s letter in the open court and afterwards heard special prosecutor Arshad Lodhi, who opposed the PPP demand.
The PPP said it believed that the tribunal was an eyewash and formed to “protect the culprits”, and made it clear through the letter addressed to the tribunal that it had no faith and trust in the proceedings.
The letter dated Jan 25, 2008 was mailed to the tribunal by PPP’s legal adviser Sen Naek. He wrote in the letter that on Oct 18, 2007 former prime minister Benazir Bhutto returned to Karachi after ending her exile. “The caravan of democracy which she was leading was attacked by suicide bombers with the intention to kill her. As the result of this mindless attack 179 people were killed and 500 wounded.”
Sen Naek informed the tribunal that Ms Bhutto sent her complaint to the Bahadurabad police for the registration of an FIR, but the police declined to do so. On her application, the district and sessions judge, Karachi South, directed the SHO of Bahadurabad to incorporate her complaint in the 154 CrPC book and register the case. However, the Sindh government filed an appeal against the order and got an ex-parte order restraining the police from registering the FIR.
He alleged that so far the police had failed to investigate the matter.
Sen Naek submitted in his letter that in view of threat to Ms Bhutto’s life, the federal and provincial governments were repeatedly requested to provide her adequate security but both governments had failed to do so with the result that she was assassinated on Dec 27, 2007.
He stated that the PPP as well as its co-chairman Asif Ali Zardari and Ms Bhutto’s family members requested the government of Pakistan to make a request to the UN for the formation of an international investigation commission, to be known as Mohtarma Benazir Bhutto inquiry commission, but it was not done. Therefore, Mr Zardari made a direct request to the UN for the formation of such a commission.
About the tribunal, the lawyer stated that the PPP, its co-chairman and family members of Ms Bhutto were of the view that the inquiry tribunal was eyewash and had been formed to put the matter in the cold storage and protect the culprits responsible for the heinous crime as this tribunal had neither powers to convict and sentence the culprits, nor to acquit them.
Sen Naek contended that the statements recorded by the tribunal and its report, if any, would not have any sanctity under the Code of Criminal Procedure and other criminal laws. “In the circumstances, on behalf of the PPP and its co-chairman, I hereby inform you that the inquiry tribunal is not recognized and this calls upon you to stop conducting further proceedings in the matter, do not summon and record statements of any witnesses and forthwith refer the matter to the Sindh government to notify the dissolution of the inquiry tribunal under the West Pakistan Tribunal of Enquiry Ordinance 1969,” the PPP counsel said.
22 witnesses examined
Justice (retd) Dr Ghaus observed in his order that the tribunal was established under the West Pakistan Tribunal of Enquiry Ordinance 1969 and 22 witnesses had already been examined. “The proceedings of this tribunal are being regularly reported in the print and electronic media and so far not a single witness had been examined in camera.” He referred to Section 7 of the Ordinance, which reads that ‘the government may, if it is of the opinion that the continued existence of a tribunal is unnecessary, by notification in official gazette declare that the tribunal shall cease to exist from such a date as may be specified in this behalf’. So far neither the establishment of this tribunal has been challenged according to the law nor any notification has been issued by the government under section 7 of the ordinance,” he observed.
The tribunal chief said Sen Naek had also forwarded copies of his letter to the home and law secretaries with the request to forthwith dissolve the inquiry tribunal. “It is for the government of Sindh to consider the content of his letter and take any further action according to law.”
Dr Ghaus observed that the tribunal was validly constituted and the PPP demand to stop conducting further proceedings and summoning witnesses were ill-advised and misconceived.
He rejected the PPP plea and directed the registrar of the tribunal, Zahoor Ahmed Hakro, to send a copy of the order to Sen Naek.
Earlier, Dr Junaid Razzak of the Aga Khan University Hospital deposed before the tribunal. During his brief testimony, he gave an account of the Karsaz blasts dead and injured who were admitted to the AKUH.
The tribunal adjourned its proceeding for Jan 28.
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