FIA files appeals against five acquitted persons, two police officials

By Faisal Kamal Pasha
September 30, 2017

Benazir murder case

RAWALPINDI: The Federal Investigation Agency (FIA) has filed two separate appeals against the judgment of an Anti-Terrorism Court (ATC) of Rawalpindi dated August 31 through which five Tehreek-i-Taliban Pakistan (TTP) suspects allegedly involved in the murder of Benazir Bhutto were acquitted while two police officials were sentenced 17 years imprisonment each.

FIA in its first appeal has said that five acquitted including Rafaqat Hussain, Hasnain Gul, Sher Zaman, Rasheed Ahmed and Eitzaz Shah were involved in the murder of former prime minister Benazir Bhutto as they not only confessed to their crimes but strong evidence also existed against them. FIA has prayed to the court to issue directions for the arrest of five accused and they may be sentenced under relevant sections of Anti-Terrorism Act (ATA).

In second appeal, FIA has said that former DIG Sauz Aziz and SSP Khurram Shehzad were involved in the conspiracy of Benazir Bhutto murder. But ATC awarded less punishment to them. FIA has requested the court to sentence the two police officials for hatching conspiracy and under relevant provisions of ATA.

The LHC division bench comprising Justice Muhammad Tariq Abbasi and Justice Habib Ullah Amir will hear these appeals on October 2.    According to the appeal, former prime minister Benazir Bhutto was murdered due to a conspiracy following which an FIR No 471/2007 was registered under sections 302, 324, 435, 436, 120(b), 119, 201, 109/34 of Pakistan Penal Code (PPC) while 4/5 of Explosive Substance Act and Section 7 of Anti-Terrorism Act (ATA) at City police station of Rawalpindi where complainant was Inspector Kashif Riaz.

The FIA, in its two appeals, nominated Rafaqat Hussain, Hasnain Gul, Sher Zaman, Rasheed Ahmed, Eitzaz Shah, Syed Saud Aziz and Khurram Shehzad as respondents.

That initially investigation was conducted by the Punjab police when Rafaqat Hussain and Hasnain Gull were arrested on February 7, 2008 where they made judicial confessions on February 13. Eitzaz Shah was arrested on January 21, 2008 and he made judicial confession on February 16, 2008. Rasheed Ahmed accused was arrested on February 14, 2008, and he confessed to his crime on February 15, 2008.

That the investigation into this case was subsequently entrusted to the FIA and high powered JITs probed the matter. As per appeal, FIA indentified 15 accused guilty of conspiracy. As per appeals all the accused confessed to their crimes and incriminating material was also recovered from them.

The FIA requested the court to set aside the ATC judgment and award punishment to the accused under relevant sections of above said laws. It is to mention here that former president Asif Ali Zardari also filed appeals against the ATC judgment while Saud Aziz and Khurram Shehzad were seeking bails after arrest from the LHC. All these matters are pending adjudication.