Rawalpindi-A division bench of the Lahore High Court (LHC) on Monday issued notices to state and former Station House Officer of Police Station City seeking their reply in response to writ petitions filed by two former top cops convicted in PPP ex-premier Benazir Bhutto murder case.
The Division Bench comprising Justice Muhammad Tariq Abbasi and Justice Habib Ullah Arif furnished notices to the state and former SHO PS City Inspector Kashif Riaz Khan in two identical petitions filed by former City Police Officer Syed Saud Aziz and former SSP Khurram Shehzad Haider.
Syed Saud Aziz and Khurram Shehzad Haider filed petitions through their lawyer Raja Ghaneem Aabir Khan Advocate while citing state and former SHO Police Station City Inspector Kashif Riaz Khan as respondents challenging the conviction in BB assassination case by an anti terrorism court on August 31, 2017.
An Anti Terrorism Court judge Muhammad Asghar Khan had convicted the two senior police officers and sent them behind the bars for 17 years along with fine of Rs1 million each for mishandling the crime scene where two-time premier Benazir Bhutto was murdered by terrorists.
Raja Ghaneem Aabir Khan, counsel for two police officers, in the petition argued before court that the convictions and sentences awarded to the applicants are not maintainable in peculiar circumstances of the case and basis of law thereof.
He added that the depositions of prosecution witnesses are inconsistent and do not get support from other pieces of evidence, hence, require re-appreciation. The lawyer said the learned trial court has failed to appreciate the evidence on record in its true legal perspective and has gone beyond the settled principles of administration of criminal justice.
He argued the co-accused attributed active mens-rea for the commission of crime have been convicted for negligence in performance of his duties.
He said the trial court instead of applying its judicious mind mainly relied upon the inquiry/investigation reports to pass the impugned judgement in BB murder case.
Raja said the conviction under section 119 PPC is not sustainable as the provisions of the said section are not attracted in the case of appellant. He said the convictions have mainly been recorded on surmises and conjectures.
He pleaded the court to overturn the punishment of his clients granted by an anti terrorism court.
He said they had provided foolproof security to PPP slain chairperson in Liaquat Bagh where she spoke with public in connection with her electioneering campaign. He said they were made scapegoats despite the fact that the prosecution badly failed in producing substantial evidences against them.
The lawyer told the court the statements recorded by the prosecution witnesses in the court during trial are full of contradictions. He said the anti terrorism court had not conducted proceedings in the case according to criminal laws under the Qanoon-i-Shahadat (Law of evidence).
He mentioned in the petition that the ATC decision did not consider the inquiry report properly. He pleaded before the court that anti terrorism court acquitted the five suspects in BB murder case despite their confessions while sentenced them for 17 years just for nothing. He prayed to the court to set aside the decision of ATC and release his clients in BB murder case.
The LHC Rawalpindi Bench accepted the plea for hearing. They court may take up the on petition of the former police officers next week.
Talking to The Nation, Raja Ghaneem confirmed the development. He said
LHC accepted the petitions of his clients for regular hearing and issued notices to state and former SHO.
