BB Assassination case: ATC reserves judgment on bail pleas of the accused.

RAWALPINDI, October 31, 2009 (Frontier Star): Judge Malik Muhammad Akram Awan of Anti Terrorism Court (ATC) Rawalpindi has reserved judgment on the bail pleas of 3 accused persons arrested in the case of suicide attack on Benazir Bhutto and PPP workers. Malik Jawad Khalid and Munir Tanoli counsel for the accused persons Aitizaz Shah, Rafaqat and Husnain and Sardar Ishaq Khan advocate and his assistants Qousain Mufti and Faisal gave arguments over the bail application. Malik Jawad Khalid counsel for the accused persons argued the persons who had been arrested in the case were not named in FIR. It is essential that the victim undergoes postmortem in any murder case or accident. But no postmortem took place in respect of any victim including Benazir Bhutto. Government and prosecution was not satisfied over this investigation therefore, services of Scotland Yard were hired. Later UN special team worked on the case, he pleaded. However the government assigned the responsibility to FIA in regard to fresh investigation into the case. The whole record of the case was under the custody of investigation agency and only dates were being given , he pleaded. The defence counsel said no solid evidence had been provided by the prosecution with reference to this case and only such confessional statement of the accused persons had been made part of record as evidence about which even the magistrate who recorded the statement had not identified the accused persons. Naseer Tanoli and Malik Jawad Khalid counsels for Aitizaz Shah pleaded their client was entitled to be bailed out under children related laws and no credible evidence was produced against him which could prove him guilty. Sardar Ishaq advocate on behalf of the prosecution while opposing the bail plea said the bail pleas of the accused persons under clause 497 of criminal procedure can not be filed in ATC and these can be filed under section 21-D only. It was said that the no postmortem of any one including Benazir Bhutto had been conducted, he said adding medical report in this regard was over there wherein the cause of death was mentioned as bomb blast. Counsel for prosecution contended the victims including the women were not subjected to postmortem in tribal areas. It does not mean the murder has not taken place. This case was not closed and only dates were being given, he informed.

(THROUGH ASIA PULSE)