A division bench of Lahore High Court (LHC) has dismissed the petition of former premier Benazir Bhutto challenging her conviction in absentia in SGS-Cotecna, ARY references and the return of assets by an accountability court of Rawalpindi in absentia.
The bench comprising Justice M Bilal Khan and Justice Tariq Shamim dismissed the petition, saying that after the promulgation of the National Reconciliation Ordinance (NRO) Bhutto's grievance stood redressed and this petition had borne fruit, thus no more discourse.
A Supreme Court full bench had stayed the implementation of all relief given to politicians and others under NRO.
Ahsan Bhoon appearing on Bhutto's behalf argued that they never wanted relief under NRO but only on merits since the court had already declared the sentences in absentia as null void.
Bhoon also quoted the court's judgements, arguing that no conviction on the basis of a trial in absentia was sustainable. He also argued that the conviction by the Accountability Court was against Articles 9 and 10 of the Constitution protecting a citizen's fundamental rights.
"The references were transferred to Rawalpindi and neither the appellant nor her counsels were given any notice of appearance before that court," Ahsan Bhoon added.
However, special prosecutor National Accountability Bureau (NAB) believes the adjudication of the case on merits at this stage will be a futile exercise in the view of the promulgation of NRO. He specifically referred to section 6 (aa) of the ordinance saying "an order or judgement passed by the court in absentia against an accused is void an initio and shall not be acted upon."
The NAB prosecutor also argued that after the insertion of the section the petitioner's conviction and sentence could never be acted on and thus there was nothing left for the court to adjudicate upon.
In July 2002, an accountability court No II in Rawalpindi had convicted Bhutto to three years of rigorous imprisonment in absentia with confiscation of immovable properties under Section 31-A of NAB Ordinance each in the SGS, ARY Gold and illegal assets references.
Details in December 1994 said M/s ARY Traders (one of the gold importers) were granted a monopolistic gold import licence by the Commerce Ministry. Former commerce secretary Aslam Hayat Qureshi and Asif Ali Zardari and Haji Abdur Razzaq were other principal accused in this deal.
Allegedly the permission for monopolistic import of gold to M/s ARY Traders was in consideration for the payment of commission and kickback to Asif Ali Zardari and Bhutto.
In October 1994, $10 million was transferred by the M/s ARY Gold to the account of Capricorn Trading Inc (an offshore company owned by Asif Ali Zardari). It was followed by a corruption reference in Ehtesab Court filed during 1998. The Swiss Authorities, on tip-off, froze Bhutto's accounts maintained in Swiss banks.
On promulgation of the NAB Ordinance the reference was transferred to the Accountability Court No II in Rawalpindi.
Bhutto avoided court summons issued in January 2002. The summons were re-issued through Registrar Lahore Court in March, 2002 for service through Pak Embassies in Dubai and London. Bhutto again ignored it. The Accountability Court finally issued proclamation orders against Bhutto in May 2002 and finally convicted her under section 31-A of the NAB Ordinance.
Six references were made against Benazir in Mian Nawaz Sharif's second tenure as prime minister and her name was placed on the Exit Control List on December 26, 1998 and she was disallowed to move abroad.
After that Bhutto brought up the case in the LHC allowing her on December 28 to go abroad. Following that decision, she left the country in January 1999 and the NAB Court on April 14, 1999 gave her three years' imprisonment in absentia. But, the Supreme Court dropped the punishment on April 6, 2001.
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