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DEATH OF JUSTICE
This is the inside story of how the Muslim
world’s first woman Prime Minister, leader of Pakistan’s largest
political party, was sentenced and disqualified from taking part in
politics by her political opponents.
It’s a damning indictment of
Pakistan’s senior judges,
including Chief Justice Lahore High Court Justice Rashid Aziz and trial
Judge Justice Qayyum. These judges of an Islamic country, sworn to
uphold the scales of justice, degraded themselves and humiliated the
Judiciary, in doing the bidding of the Cabinet.
The Judges and the Cabinet Ministers, in an unholy conspiracy, plotted
against a lone woman with small children whose husband was behind bars.
They froze her owned and undisputed assets on the allegation of disputed
and unowned assets to deny her access to her own income to look after
and feed her children and ailing Mother.
They presented this innocent lady as a crook, when they were the crooks
and criminals.
They savagely conspired to tear law and feed justice to hungry beasts.
They talked of Islam and enforcing the Shariah even as they violated its
most sacred precepts.
Members of the Cabinet included Law Minister Khalid Anwar and
Accountability Minister Senator Saifur Rahman. They liased with the
Chief Justice and the Trial Judge to politically eliminate then Leader
of Opposition Benazir Bhutto to complete the mission given them by Prime
Minister Sharif.
To "politically kill" Islam's first woman Prime Minister Mohtrama
Benazir Bhutto, justice was debauched in an ugly conspiracy where those
carrying the scales of justice, or sworn to uphold it, dropped it to the
gutter. They dressed in pious robes of justice even as they committed
the criminal act of perversion.
Law Minister Khalid Anwar spoke in Parliament taunting Mohtrama as
"corrupt" knowing full well that his wrong accusations would be rubber
stamped by his judicial co-conspirators in the plot to politically kill
Mohtrama.
Accountability Minister promised to auction the household effects of the
former Prime Minister knowing full well that his judicial
co-conspirators would rubber stamp the regime's allegations.
He carried out a media campaign to convince the public that Mohtrama was
guilty to prevent public opinion scrutinising a judgement that butchered
fundamental rights.
The contempt of court petition Mohtrama filed against the Media trial,
half page advertisements printed in the major dailies over several days,
was allowed to gather dust by the judges in the trial courts.
Keenly the conspirators conspired to confuse the issue between owned and
undisputed and not owned and disputed properties in their zeal to seize
from Mohtrama her independent means which had enabled her to fight
tyranny and overthrow dictatorship.
The Judge took orders from the Cabinet MInister--Saif—on what sentence
to give. According to the tapes of the conversations, the Accountability
Minister tells Trial Judge Qayyum how pleased Prime Minister Sharif will
be “when Ms. Bhutto’s inherited properties are confiscated, she is
imprisoned for seven (7) years and disqualified from politics”.
In selling himself to the regime, Justice Qayyum and other Judges
disgraced the high judicial chair they occupied.
And there are other Judges that the tapes implicate. They indicate that
a race was going on between the three trial courts before whom Mohtrama
was forced to stand trial on an investigation described as “politically
driven” by the American human rights department.
At one stage Acocuntability Minister taunts Judge Qayyum that “Maulvi”,
a reference to Accountability Judge Ehsan ul Haq, former Law advisor to
Nawaz Sharif, will finish the case before Qayyum does.
Mohtrama had alleged that all three judges conducting the trials were
biased. In one case, Justice Abbassi gave an ex parte judgement freezing
Mohtrama’s undisputed assets in 1998 on the request of the
accountability Minister and his team. The freeze order was announced by
the Cabinet Minister several hours before the freeze order was signed.
Justice Abbassi was rewarded with retrospective seniority after this
illegal freeze order putting him in line for the coveted position of
Chief Justice of Lahore High Court.
Another Judge, Najmul Hassan, was rewarded after he signed the
conviction order with Justice Qayyum. From an acting Judge, he was
elevated to a full judge.
There were rewards galore for judges ready to butcher justice in return
for favours.
This explains how Judges became tennis rackets hitting Mohtrama from
court room to court room, in city after city and province after
province, in a bid to become the first to “convict” her and reap the
bitter harvest of sweet favours from the regime.
Even the Supreme Court and the former Chief Justice are drawn into the
unsavoury drama when Bhutto appeals to the Supreme Court.
Where is an individual, twice elected Prime Minister of the country, to
go when the doors of justice are barred. This explains the Pakistan
Peoples Party’s insistence that the United Nations Rapporteur on Judges
and the Judiciary examine its complaints of Judicial abuse.
The corner stone of a democratic society is an independent judiciary.
There is little hope for Pakistan if only elections are held and a
handful of corrupt judges continue to hold sway. They will continue to
butcher justice if only to destabilize democracy.
Present President of Pakistan, Justice Tarrar, stands accused of
corruption. He is the Judge that reportedly took “brief cases” to
Balauchistan to influence a court judgement.
The Chief Election Commissioner rejected the nomination papers of
Justice Tarrar as unfit to stand for election. The nototirous Justice
Qayyum, on leave for a death in his family, left the condolence carpet
to return to office and order that Justice Tarrar be allowed to contest
elections.
Justice Pal, who ordered the judicial murder of Prime Minister Zulfikar
Ali Bhutto, was elevated to Senator.
Justice Lone who gave doubtful judgements violative of human rights was
also made a Senator.
Such rewards tempted Judges and they forgot the promises they had made
to uphold law.
In America and other countries, judges are routinely removed on
complaints. In Pakistan there is a supreme judicial council but it has
still to remove a single judge.
Prime Minister Shaheed Suhrawardy was the first victim of judicial
abuse. Prime Minister elect Shaikh Mujib the second. Prime Minister
Zulfikar Ali Bhutto the third. Prime Minister Benazir Bhutto the fourth.
“What is a Prime Minister?” spy chief General Hameed Gul asked. Indeed.
What is a Prime Minister denied rights that even common citizens are
given. Prime Ministers elected by the people are removed from office,
tried and sentenced. But the Generals and Judges have still to stand
trial or be investigated even when documentary evidence exists.
Such evidence was presented by Air Marshal Asghar Khan against a General
before the Supreme Court long before Prime Minister Benazir Bhutto’s
case went to trial. Action is still awaited and the General is an
Ambassador to Saudi Arabia whilst Mohtrama and her family are in exile
or prison.
Documentary evidence was provided to National Accountability Bureau
about Public Prosecutor Farooq Adam and Accountability Judges ready to
“behave” but action is still awaited.
And when an officer called to his consciensce wrote the president about
the tapes he was ordered to make implicating the Judges, his Father and
cook were arrested to force him to retract.
The fair name of Islam and Pakistan are threatened by these disclosures
unless the regime acts. Or else it will be accused of collusion with the
conspirators and a cover up, both criminal offences.
Christ was crucified. At Karballa, the nearest and dearest of the Holy
Prophet Mohammad (PBUH) were butchered. Their suffering inspired Muslims
the world over to accept suffering as a path to redemption in the battle
of truth and justice.
In that noble tradition, Islam’s first woman Prime Minister fought back
against oppressive state forces battling those in the Cabinet, amongst
the Generals, the Judges and the malicious stories planted in the media
to defy the forces of injustice.
Forever, the annals of judicial history will be stained by a judgment
written before the trial concluded. A judgement dictated by the Prime
Minister’s office against the Prime Minister’s main political foe, the
daughter of the East who loved her people and whom the people loved.
This is the story of a popular and democratic leader and her bond with
the people. A bond so powerful that it led to fear in the Establishment
and the vow to destroy her. In destroying her, it sought to destroy the
hopes and aspirations of the people of Pakistan. The poor and needy to
whom she promised the light of development, water and electricity and
roads and schools and polio drops and health.
This is the story of how a popularly elected Prime Minister was twice
removed from office on spurious charges of corruption. Once President
Pakistan, Justice Tarrar, he of the Balauchistan briefcases and
allegations of bribes, upheld her removal.
And of a second removal where the Chief Justice was himself removed
because his brother judges believed he had no right to hold that office.
In other words, no right to uphold the validation of the removal of
Mohtrama’s government.
This is the story of a fearful judge bowing before threats meted out to
him, of his assurances to the government of the day that he was their
“servant” and would “obey” orders.
A woman Prime Minister is framed in a conspiracy involving a male Chief
Justice of the High Court who treats justice with a scorn that will
shatter the entire world’s confidence in Pakistan’s judicial processes.
Dramatic audio tapes in Urdu and Punjabi language, along with English
transcripts, prove that Prime Minister Benazir Bhutto and her husband
were framed and convicted by political opponents including Judges.
Ms. Bhutto was sentenced on April 15, 1999 on a charge of influencing a
Swiss pre-shipment contract to benefit her husband, Senator Zaradari.
She denied the charge claiming she was a victim of political enmity.
The short order convicting Mohtrama was dated April 14, 1999. The PPP
then charged that the order was pre-written but the Judge claimed it was
a typing error.
The tapes now prove that indeed the order was written the previous day
and it was a typing error of the Judge to have typed the day it was
written rather than the day it was to be announced.
The Bhutto-Zardari sentence had already been criticised by independent
jurists.
Independent jurists opined that Ms. Bhutto was denied the due process of
law. Such jurists included two American Chief Justices who wrote that
Ms. Bhutto “could never have been convicted in an American Court”. A
British Attorney General expressed “grave misgivings”. A British QC
found that a British High Court would rule in favour of Bhutto on the
basis of available evidence. A Judge of Pakistan’s Supreme Court wrote
that both Ms. Bhutto and Senator Zardari should be honorably acquitted
on the merits of the case as well as that the charge against them was
illegal.
Riot police guarded the court premises to prevent a public trial.
Mohtrama’s request that the case be televised was ignored by the Judges.
Even Ministers and members of the Bar were baton charged to intimidate
them outside the premises of the court room.
Such was the injustice that it gave birth to the phrase in Pakistan,
“After Prime Minister Benazir Bhutto’s case, one should hire a judge
rather than a lawyer”.
The audio tapes have been transcribed into English. Voice verification
tests prove their authenticity.
The telephone of Justice Qayyum at his Lahore residence was under
surveillance during the period of the trial of Ms. Benazir Bhutto.
Then Interior Minister Ch. Shujaat has stated in the press that
Accountability Minister Saif did in fact order taping of conversations
of various persons.
The transcript of the tapes substantiate that a politically motivated
judgment was delivered against Ms. Bhutto. The tapes show that the judge
was pressured by Prime Minister Nawaz Sharif and his official to an
extent, where he feared being sacked.
Then Chief Justice Lahore High Court Rashid Aziz is also on tape. He was
the judge chosen to hear accountability cases against Prime Minister
Benazir Bhutto in her first term. As chief justice, he chose the benches
which were to hear different cases. This included cases pertaining to
the hearing of the power projects and in particular the power plant
HUBCO. Justice Qayyum was choses ny him at times to hear cases against
HUBCO.
Justice Rashid now sits in the Supreme Court where Mohtrama’s appeal is
to be heard. He comes across as a leading party to the conspiracy of
perverting justice, a criminal offence.
The tapes prove beyond doubt that he supervised the proceedings by
liaising between Justice Qayyum and others. The tapes prove that he took
directions personally from Prime Minister Nawaz Sharif regarding the
conduct of the proceedings and the punishment to be awarded Prime
Minister Benazir Bhutto and her spouse. The tapes indicate that Chief
Justice Lahore High Court met Prime Minister Nawaz Sharif shortly before
the judgment. The Chief Justice discussed the judgment with Prime
Minister Nawaz Sharif including the timing of its announcement (see
conversation between Chief Justice and Justice Qayyum at serial number
19 regarding judgment being announced “tomorrow”)
Justice Qayyum failed to deliver the judgment on the “tomorrow”. The
Minister / investigator operating from the Prime Minister office
(Minister Rehman) rings the Judge Qayyum to further pressure him to
announce the judgment “tomorrow”. Justice Qayyum affirms he will do so.
In the same conversation, Justice Qayyum and the official discuss the
quantum of punishment to be given to Ms. Bhutto. Justice Qayyum asks
“tell me how much punishment do you want me to give her?” In reply the
official tells him “what ever you have been told by him” and “not less
then seven (7) years (see page 29 of transcripts). Justice Qayyum
assures the official that “under all circumstances it will be done
tomorrow. We are going to announce the judgment”.
At the time the judge makes this statement, the trial was still
proceeding. A Swiss defense witness had arrived to depose in the court.
Summing up arguments were still to be made by defense lawyers. Ms.
Bhutto was in London with court permission. She was at a CNN studio to
do an interview with Riz Khan when she received a call on High
Commissioner Wajid’s mobile telephone informing by secret government
sympathisers that the judgment would come the next day. She rang up
defense lawyer Farooq Naek who replied “impossible, the trial has not
concluded.” However true to his promise, Justice Qayyum announced the
judgment the next day.
The prayers of the people have protected Mohtrama. Of the scores
imprisoned and tortured, coerced and intimidated, none of the critical
witnesses agreed to perjure themselves. Many chose unemployment and
exile rather than pervert justice. They paid a heavy price in health,
livelihood, reputation and right to happiness. But they took a stand for
justice which those who had sworn to do so refused to do.
They are the unsung heros and heroines who have suffered immeasurably
for more than four years because they preferred right over wrong.
The PPP has called for a Truth and Reconciliation Commission where those
imprisoned, tortured, threatened can come and be acknowledged as victims
of a vast state apparatus that began eating its own children.
Through this catharsis, the PPP hopes to lead its beloved country back
onto the road of civility, law, hope and progress.
The PPP charged that its leader was a victim of politically motivated
smear campaign to divert attention from the real corruption of Prime
Minister Sharif, his colleagues and members of the security apparatus
opposed to the leadership of a woman in an Islamic country.
By announcing the judgment against Ms. Bhutto, the Nawaz regime diverted
attention from a judgment given by a British Court in the Al Toufiq case
against members of Mr. Sharif’s family amounting to millions of dollars
in a hidden offshore account.
The tape proves that the sentence to be given Ms. Bhutto was discussed
more then once between the judge and the Prime Minister’s official (Rehman)
who also happened to be the man tasked by the Prime Minister for
investigating the case. Judge and Prosecution were rolled into one. Ms.
Bhutto was denied defense witnesses and her husband, Senator Zardari,
was allowed limited number of defense witnesses.
Tragically, those that should have spoken up against the mockery of
justice remained quiet. They had been intimidated by a media campaign of
slander and smear where too many had been too quick to rush to judgement
and pre-judge Bhutto and Zardari as wrongly “guilty”.
No wonder it is said that a person can only be given a fair trial when
the atmosphere is free of prejudice. The atmosphere against Bhutto and
Zardari had been polluted and poisoned by a steady stream of propoganda
played out on the international canvas given the international nature of
the protagonists.
The word “sub judice” failed to exist as both were “convicted” through
documents of unproven value, through empty declarations which failed the
substantiation tests and the repitition of stories that were simply
false.
Even foreign governments were fooled. Witness the trumped up narcotics
charge where the judges failed to provide relief. The narcotics charge
was based on torture and perversion and yet the innocent suffer. Britain
has been approached to provide assistance on a matter that is trumped up
and carries the death sentence.
That case has been sent to a relative of General Zia. There is evidence
to suggest that the said Judge has already indicated that he is willing
to give the death sentence to an innocent man.
Or witness the false claims made to the Swiss government that Mohtrama
had personally awarded the pre-shipment contract to a Swiss company to
benefit her husband. As documents demonstrate, she had little to do with
an award started under her predecessor in office.
Foreign Governments were duped into investigation and witness gathering
to give a foreign stamp of legitimacy. Neither the Swiss nor British
proceedings have been subjected to the evidence act required in a trial.
Yet the investigation and witness papers have been depicted as foreign
trials with adverse finding to trample the rights of the defendants and
find them guilty where they are innocent.
The collusion between the Prime Minister’s hand picked investigator,
operating from the Prime Minister’s office, and the judges make a
mockery of justice and fundamental rights guaranteed by the United
Nations. It is clear evidence of how justice was murdered to convict an
innocent lady because of her political views.
In another conversation, the Prime Minister’s official with regard to
Ms. Bhutto and her husband asks the judge to “give them the full dose.”
Discussing the sentence the official tells the judge “when I inquired
about five or seven (years imprisonment), he (Prime Minister Sharif)
said I should ask you why you would not like to give them full dose?”
(see serial number 25 page number 36 of transcript). In the same
conversation the judge informs the official of his plan and timing to
deliver the judgment “tomorrow”.
The conversation between Chief Justice Rashid Aziz Lahore High Court and
Justice Qayyum indicates that the Chief Justice is in possession of a
pre written judgment concerning Ms. Bhutto, which Justice Qayyum is to
sign. (see serial number 24 page number 35). The Chief Justice says “do
you know without asking you ….. it (judgment) is already written and
lying with us. He (Judge) can sign it for you and you can keep it with
you. Justice Qayyum replies “I have already written the short order”
(sentencing Bhutto and Zardari).
This conversation took place on April 14, 1999 as it was announced next
day. In fact the short order announced by Justice Qayyum on April 15,
1999, winding up the trial midway without remaining defense witness, was
signed April 14, 1999, a day before the actual decision. Ms. Bhutto’s
party, the PPP, had pointed out the discrepancy in dates at the time in
claiming that she was pre-judged. The taped conversation is corroborated
by the actual date (14th April 1999) on the short order announced on
15th April 1999.
It appears that the Prime Minister’s official was keen on making a
secret video tape of Ms. Bhutto during the trial. Although Ms. Bhutto
had criticized the denial of a trial fully open to the public, her
request for live telecast of the trial was denied. In one conversation,
the Prime Minister’s official (Rehman) asks the Judge (Qayyum) “one
thing is to be done that is to get their (Bhutto and Zardari) video
tape… kindly permit our man to sit in the room next to your room (see
serial number 15 page number 19).
Justice Qayyum discusses the matter of the video tape with the Chief
Justice Lahore High Court, Rashid Aziz. The Chief Justice says, “it is
right. Now also tell them that we are not supposed to know”.
The audiotapes are ugly evidence of executioners in judicial robes who
corrupt the judicial system and freely violate their oath of office in
denying justice.
Ironically, when Mr. Sharif was overthrown, he too was convicted. Judge
Qayyum is today hearing cases pertaining to his old friends Nawaz Sharif
and Saif ur Rehman.
Justice Qayyum’s father Justice Akram sentenced Prime Minister Zulfiqar
Ali Bhutto to death in 1979 to oblige the military dictator General Zia
in an internationally criticised judgment. His son Justice Qayyum
sentenced Bhutto’s daughter, Benazir, to please General Zia’s political
son, Nawaz Sharif.
Justice Qayyum took favours from the régime including a diplomatic
passport. The passport was issued in violation of government rules on
the order of Prime Minister Nawaz Sharif’s office. It was issued with
the help of Law Minister Anwar. Justice Qayyum should have been removed
from office on that charge alone.
In a clandestine deal in December 2000, General Musharaf released Mr.
Sharif sending him into exile in Saudi Arabia where he lives in palatial
comfort. Ms. Bhutto’s spouse on the other hand, remains behind bars
beginning his fifth year in prison. Since 1990 to 2001, Senator Zardari
has spent eight out of eleven years behind bars a political hostage to
his wife’s career.
The Pakistani courts have ordered Zardari’s release on medical grounds
but the régime is blocking it through a stay order from the Supreme
Court in violation of the law of consistency.
The tender treatment meted out to Nawaz is in stark contrast to the
treatment meted out to Zardari.
Nawaz failed to appeal his corruption conviction in helicopter case
before the Supreme Court as Bhutto and Zardari appealed their
convictions. Perhaps his conscience was less clean then theirs.
Nawaz was just beginning his jail term when Musharaf struck a deal with
him. Zardari’s jail term is over even before his appeal has been heard,
when remission is taken into account.
Nawaz Sharif wrote a letter to the military authorities seeking medical
treatment. Without constituting a medical and without a court order, a
convict was released on medical grounds. In contrast four trial courts
and a High Court have ordered the release of Zardari. But military
authorities are denying him bail and proper medical treatment.
The treatment of two different Prime Minister hailing from two different
provinces of Pakistan with two different backgrounds is glaring. Mr.
Sharif is a product of military dictatorship. Ms. Bhutto is the product
of a democratic setup. Even though the military fell out with Mr. Sharif,
it treats him as one of its own. Ms. Bhutto, her family and party are
treated as outcasts because the military fears the support she enjoys.
Moreover, the military has been accused of racial bias towards members
hailing from the minority provinces. Earlier charges of such bias led to
the break-up of the country in 1971 and the emergence of Bangladesh.
Today Pakistan is in the grip of a political and economic crisis which
started with the overthrow of Ms. Bhutto government in 1996 and
culminated in a military coup in 1999.
An unstable Pakistan neighboring Taliban dominated Afghanistan which has
fought three wars with India poses a threat to regional satiability.
The denial of justice to Ms. Bhutto, who continues to command popular
political support, has far-reaching consequences. Her supporters have
already rejected the verdict against her unless justice is given to her,
Pakistan’s stability and it’s very unity could be at stake.
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