SHC quashes ‘red notices’ against Benazir
KARACHI, Aug 7: All proceedings leading to issuance of ‘red notices’ against PPP chairperson Benazir Bhutto by Interpol stood quashed on Tuesday following disposal of her petition by the Sindh High Court on the basis of dismissal of a National Accountability Bureau complaint by a sessions court.
The bureau had filed a complaint in the court of the sessions judge of Islamabad alleging that Ms Bhutto had ‘misdeclared’ her assets in the election forms submitted to the Election Commission in 1994-95. She should be proceeded against under section 42-A of the Representation of People Act, 1976, as the offence was punishable with three years’ jail, the bureau had requested the court.
The sessions judge had admitted the complaint and issued warrants for Ms Bhutto’s arrest with the direction that the same should be executed through Interpol. The court order was conveyed to the federal interior ministry, which referred the matter to the Federal Investigation Agency. The FIA made a request to Interpol to issue ‘red notices’.
Advocate Farooq H. Naek contested the NAB complaint in the sessions court and also moved a petition in the SHC. He argued that the complaint was not maintainable.
The alleged ‘misdeclaration’ was not an offence in 1994-95 and the former prime minister could not be prosecuted retrospectively. The offence was created in 2002.
In any case, Ms Bhutto had made no ‘misdeclaration’. There was nothing in the NAB complaint to show that the PPP leader had failed to declare any property held by her in Pakistan or abroad, he maintained.
The sessions judge suspended his order for issuance of arrest warrants and subsequently dismissed the NAB complaint.
As the petition challenging ‘red notices’ came up for hearing on Tuesday, Advocate Naek informed the division bench comprising Chief Justice Sabihuddin Ahmed and Justice Faisal Arab that the complaint giving rise to the cause of action had been dismissed. The bench disposed of the petition accordingly.