RAWALPINDI - Wife of former president and military dictator Sehba Musharraf on Friday submitted an application with anti-terrorism court seeking release of the confiscated properties and accounts of her spouse in Benazir Bhutto Assassination case.
She said that the orders against her husband declaring him absconder and attachment of his properties under section 88 Cr.
P.
C would be withdrawn.
She said that she was informed that this court had proceeded under section 88 Cr.
P.
C and has attached properties including a farm House No C-1/B located in Chak Shahzad, Islamabad; a plot in Singhar Housing Colony, Gawader and Bank Accounts mentioned in the letter of the State Bank of Pakistan dated June 23, 2011.
She said that the whole exercise has been conducted in haste without caring for the fact.
It has been settled by apex court of Pakistan that a person could not be declared absconder for the purpose of issuing proclamation under Section 87, CrPC.
if he had already left the country.
She said that all the proceedings were unlawful, without jurisdiction and against the principle of natural justice.
She said that her husband resigned from the office of the President of Pakistan on Aug 18, 2008 during the current tenure of PPP.
She said that after the resignation, Pervez Musharraf was given a ceremonial send off in a celebrated manner with the military honour and he remained involved in social and family chores till March, 2009 and kept travelling in and out of Pakistan and during all this while not a word said by anybody of his involvement in this high profile murder of Benazir Bhutto.
She said, "The court committed an error wherein the titles of the above referred properties was not examined carefully.
As the matter of fact the Farm House Located at Chak Shahzad belongs to the petitioner to the exclusion of anyone else.
Hence the order for attachment is liable to be recalled/ withdrawn on this sole ground only.
" She said that the court was misguided by the prosecution with malafide intentions and submitted wrong information and record regarding the property No.
2, the plot in Singhar Colony Gawadar.
She said that she reserved the right to raise separate objection on this attachment if the correct record will be placed.
She said that the bank accounts mentioned in the State Bank's Letter dated 23.
06.
2011 submitted before this court are the Joint Bank accounts other than the one in National Bank of Pakistan which is a pension account of her husband.
She said that the court was misguided by the prosecution with malafide intentions and submitted wrong information and record regarding the property No.
2, the plot in Singhar Colony Gawadar.
She said that she reserved the right to raise separate objection on this attachment if the correct record will be placed.
She said that the bank accounts mentioned in the State Bank's Letter dated 23.
06.
2011 submitted before this court are the Joint Bank accounts other than the one in National Bank of Pakistan which is a pension account of her husband.
For her husband's arrest warrants, she said that the issuance of warrants was illegal as there was no evidence against her husband in that case.
She said that the process adopted for issuance his warrants and declaring him absconder are illegal unlawful.

This news was published in The Nation newspaper. Read complete newspaper of 17-Sep-2011 here.