"Court reserves verdict on pleas


RAWALPINDI – Anti-Terrorism Court (ATC) Rawalpindi Number 1 Judge Chaudhry Habib-ur-Rehman Saturday reserves his verdict on a plea in the murder case of PPP former Chairperson Benazir Bhutto (BB), seeking detaching a bank account of former military dictator and President General (Retd) Pervez Musharraf since it was freezed after he was declared a proclaimed offender in the case.
The ATC reserved its verdict till July 25, 2012 on the application, filed by the management of Habib Bank Limited (HBL).
The court would also decide an application filed by a juvenile accused in the case for separating his trial from other arrested accused on the next date of hearing.
The management of HBL, in its plea, apprised the court that account opened by their client General (Retd) Pervez Musharraf was of a trust account and not his personal account. They added that account did not only belong to Pervez Musharraf as it an account for a welfare trust registered in UK and was jointly operated by an other man Arif Amin. Therefore, the respected court should detach the account having Rs 60 million as it was not personal property of the accused of BB murder.  Arguing before the ATC No 1, Federal Investigation Agency (FIA) Special Prosecutor Chaudhry Zulfiqar Ali said that the bank management had no legal authority to ask for defreezing the account as no one could seek relief on behalf of a PO under the law.
The accused PO has either to surrender before the law or get bail from the concerned court before seeking any relief, the prosecutor argued.  After conclusion of the arguments of both parties, the court reserved his verdict till July 25, 2012.
Meanwhile, the ATC also reserved the decision on the application of Aitzaz Shah a juvenile accused in the case, seeking trial by normal court other than ATC. The defence lawyer Naseer Tanoli had argued that Aitzaz was below than 18 in January 2008 when he was arrested from Dera Ismail Khan by the law enforcement agencies for his alleged involvement in BB murder case. The juvenile cannot be tried under terror laws and with other mature accused, the lawyer argued.
In counter-arguments, FIA prosecutor said that President Asif Ali Zardari in April 2011 issued an ordinance declaring the juvenile accused could be tried by the ATCs.
The FIA Prosecutor argued that it was exclusive authority of the ATC to hear the cases of all the terrorists and no exemption should be given to the accused Aitzaz Shah who was the part of the conspiracy to take the life of Benazir Bhutto.

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