PPP says
Shaheed Mohtarma Bhutto and the Party
vindicated
Islamabad July 30,
2011: Pronouncing verdict in the thirteen year
old reference first filed in 1998 popularly
known as the SGS case the Accountability Court
Rawalpindi Judge Mian Altaf Hussain Mahar
today acquitted the accused under trial
declaring also that there was no substance in
the prosecution tale and it had failed to
prove its case.
The court in its
35 page judgment referred to the statements of
various prosecution witnesses and the
arguments of defence counsel Muhammad Arshad
Tabrez and said that the pre-shipment scheme
and the award of contract to SGS and Cotecna
had brought in additional 27 billion rupees in
national exchequer. Indeed for each dollar
paid by the government to the companies the
government benefited by nearly 7 dollars in
additional revenue. The pre-shipment
inspection scheme also curtailed corruption in
the customs department, it said.
Ex-Chairman Board
of Revenue A.R Siddiqui was the accused while
former federal minister Asif Ali Zardari who
was also nominated in the case had been
granted immunity from appearance before the
court under Article 248 (2) of the
Constitution, being the President.
The court also
acquitted the accused under trial in the ARY
case that included Salman Farooqui presently
Secretary General to the President, former
Secretary Aslam Hayat Qureshi, and Haji
Abdurazzaq Yaqub besides others.
The court observed
that it is quite clear that the implementation
of PSI Scheme and contract with SGS was not
adverse to the interest of the nation and it
benefited the national exchequer.
Referring to the
statements of the witnesses the court said
that neither Asif Ali Zardari nor Shaheed
Mohtarma Bhutto had exercised any pressure for
award of SGS contract.
The defence
counsel Muhammad Arshad Tabrez had argued that
there was practically no evidence against the
accused and that none of the prosecution
witness had made any statement that the
accused or co-accused had received any
commissions and kickbacks.
The story of the
prosecution on kickbacks and their deposit in
the Geneva Bank has been falsified through the
statement of prosecution witnesses 13 and 16,
it said.
The court referred
to the admission of the prosecution witness
13, also the Investigation Officer in the
case, that the documents sent by the then
Attorney General of Pakistan to Switzerland
were placed at the record of Investigating
Magistrate and later on these Photostat copies
were found by the Commission as bogus
documents. Both prosecution witnesses 13 and
16 also stated that all the proceeding
initiated on bogus documents in Switzerland
had been closed.
The prosecution
witness also admitted the defence version that
relationship of the principal accused with
foreign companies had not been established.
The defence
council argued that none of the prosecution
witnesses had claimed that the accused A.R.
Siddiqui, Asif Ali Zardari or any other
co-accused had received any illegal
gratification form the PSI companies.
The prosecution
witness also admitted that the pre-shipment
scheme was first introduced in Pakistan in
1990 and similar draft agreement was prepared
during the government of Mian Nawaz Sharif but
was not executed.
The court noted
that the investigation officer (prosecution
witness 13) has admitted that he had not come
across any evidence showing that Mohtarma
Benazir Bhutto, Asif Ali Zardari and A. R.
Siddiqui had collaborated and abused their
authority in awarding the contract.
It said that not
an iota of reliable and admissible evidence
has come on record to prove allegation that
M/s SGS had given kickbacks/commission to Asif
Ali Zardari. PW13 the I.O. has also admitted
that Asif Ali Zardari had no concern with bank
account in Geneva relating to the offshore
companies.
Neither the
alleged relationship of Jens Scliglimilch with
Asif Ali Zardari as his agent nor the
relationship of Asif Ali Zardari with offshore
companies has been proved. Statement of PW16
and PW17 is of such an explaining nature that
they have totally exonerated the accused A.R.
Siddiqui and Asif Ali Zardari and Mohtarma
Benazir Bhutto, the judge said.
The verdict said
that there is sufficient material on record to
believe that idea of pre-shipment scheme was
not floated for the first time in 1994 but
that even in 1990 the SGS was selected for the
award of contract through international
bidding.
The court verdict
also referred to the statement of prosecution
witness 13 admitting that there was no
evidence that Jens Scilglmilch was agent of
Asif Zardari nor that Asif Ali Zardari had
anything to do with account No. 552343 in
Union Bank of Switzerland.
According to
statement of PW13 relationship of Asif Ali
Zardari and A. R. Siddiqui with foreign
companies as claimed by the prosecution was
not proved by any document, it said.
Commenting on the
court verdict Spokesperson Farhatullah Babar
said that it proved once and for all the
contention of Shaheed Mohtarma Benazir Bhutto
that the SGS was a politically motivated case
aimed at keeping her out of politics and
punishing Asif Ali Zardari for being her
spouse.
He said that
Shaheed Mohtarma had always rejected the
allegations that the companies or accounts of
those companies belonged to her.
Farhatullah Babar
recalled her statement before the
Investigation Magistrate in Geneva in 2005 in
which she had stated that the pre-shipment
inspection contract was awarded in a
transparent manner and that the contract stood
on its own merit citing also the report of the
auditors showing that Pakistan had gained with
the contract. More than half a decade after
deposition before the Swiss Magistrate the
accountability court has vindicated her.
Farhatullah Babar
also recalled the discovery of the tape
transcripts in 2001 that proved that the
sentencing order had been written by the
prosecution for the Judge to sign. The Supreme
Court overturned the sentence on appeal due to
the 'bias of the trial judge'. This resulted
in the resignation of two judges from the
Bench. The Supreme Court's ruling as well as
tapes of conversation between the trial judge,
Minister of Law, the then Chief Justice Lahore
High Court and the NAB prosecutors proved
beyond doubt a conspiracy to murder justice
with the victim as the Muslim World’s first
elected Chief Executive Mohtarma Benazir
Bhutto.
The verdict shows
how allegations based on bogus documents,
followed by inquiries, regurgitating
allegations and orchestrated media trials is
the stuff by which anti people forces have all
along sought to eliminate Bhuttos and keep
them away from the people of Pakistan.