Asif Zardari

 
 


 

 

 

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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