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LHC issues notice against re-arrest of accused acquitted in BB murder

Rawalpindi: Lahore High Court’s judge Justice Muhammad Tariq Abbasi issued notices regarding re-arrest of accused recently acquitted by subordinate court involved in murder case of Benazir Bhutto and sought reply till October 10.
Sabir Hussain, father of Rafaqat Hussain a nominated accused in Benazir Bhutto murder case has filed a writ petition in LHC Rawalpindi Bench making Commissioner, Deputy Commissioner Rawalpindi, Superintendent jail Adyala and District Officer counter terrorism department (CTD) party through Malik Jawad Khalid Advocate under article 199 of the constitution adopted the stance that anti-terrorism court Rawalpindi special court 1 has acquitted his son on August 31, 2017 after completing the trial.
The petitioner said that when he had gone to Adyala jail to receive his son, the jail officials denied to acquit him. He said it had come to know that Commissioner Rawalpindi following the recommendations of CTD has issued detention order for one month.
In his writ petition, he said the detention orders were issued in haste and against the parameters of justice. The accused were arrested after the incident and remained imprisoned till the verdict was announced. He told the court that prosecution has failed to prove allegations against the accused.
The petitioner said that court declared the accused as innocent after completing their trial. Notwithstanding the court should had released them from jail but through administrative orders the court order was negated. He prayed the court to nullify the detention orders of the applicants and also issue order regarding their release.
Special court no 1 of the anti-terrorism court Judge, Asghar Khan had acquitted nominated accused in Benazir Bhutto killing case Rafaqat Hasnain s/o Hasnanin Gull on August 31, 2017 while ex-CPO Rawalpindi Saud Aziz, former SP Rawalpindi Khurram Shahzad had been awarded seventeen years imprisonment and Rs one million fine was also imposed on each. The court also order to confiscate property of former President Pervez Musharraf.
Former Prime Minister Benazir Bhutto was killed on December 27, 2007 in a suicide attack when she was returning after addressing a public meeting in Liaquat Bagh. Almost twenty three PPP activists also died when seventy three were injured in the incident.
The case was registered on the application of Kashif Riaz Station House Officer (SHO), City under anti-terrorism act section 7 ATA and explosive Act section 4/5 and Pakistan Penal Code’s section 34, 119, 120-B, 436, 435, 324 and 302 with case number 471. Later, head of Tehrik Taliban Pakistan (TTP), Baitullah Mehsood was nominated accused in the case while fifteen others were also nominated as accused in stages including former President Pervez Musharraf, former CPO Saud Aziz, ex-SP Rawal Town, Khurram Shah and others. Among others, five accused including Muhammad Rafaqat, Hasnain Gull, Sher Zaman, Rasheed Ahmed and Aitzaz Shah were sent to Adyala jail while Baitullah Mehsood, Ibad-ur-Rehman aka Noman alias Usman, Abdullah alias Sadam, Faiz Muhammad, Ikramullah, Nasrullah, Nadir aka Qari Ismail were declared proclaimed offenders from the court.

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