Daily Times

They took almost a decade! Still, the Rawalpindi Anti-Terrorism Court’s decision on the assassination of the First Female Prime Minister of the Islamic world has caused great shock and anguish. The pain I felt on 27th December 2007 has been reprised on 31st August 2017. Hearing this judgment another example of a flawed Criminal Justice System comes to mind.

I recall a case related to the murder of a poor and oppressed girl in India’s state of Haryana. The girl, Jessica Lal, used to work at a restaurant in New Delhi. In 1999, after the restaurant closed for the day Munnu Sharma, son of a wealthy and influential politician, came with some of his friends and told Jessica to open the bar. On the refusal of Jessica, Sharma, while intoxicated not only with alcohol but also on the basis of wealth and power drew out his pistol and shot Jessica in the head killing her on the spot. This incident received tremendous coverage in the Indian media. The following murder case went on for almost seven years. The accused’s father, Vinod Sharma, used his wealth and influence to buy witnesses and also threaten them in order to influence the case. Finally, in February 2006, the court made the decision and Munnu Sharma was declared innocent due to insufficient evidence. On the other hand, the Times of India published the decision with the headline “No One Killed Jessica.” Four simple words set an authoritative example of Journalistic Wisdom. A film was also made under this title. The movie “No One Killed Jessica” made record business on the Box Office. Soon a huge public outcry resulted and made waves in the society. People’s anger arose at the judgment of the court and protests throughout the country were made. Consequently, the case was re-investigated and in December 2006 Mano Sharma was sentenced to life imprisonment. “No One Killed Jessica,” a precedent in “Journalistic Wisdom,” left a huge question mark on “Judicial Wisdom.” The only obvious answer to this question is that judicial decisions are not always accurate.

The decision in the assassination case of Shaheed Mohtarma Benazir Bhutto can also be summed up with the title, “No One Killed Benazir.” Five main suspects arrested in connection with the murder were set free on the grounds of insufficient evidence. The court failed to identify anyone involved with the assassination. Hence, “No One Killed Benazir” is the judgment of the court. The prime suspects Sher Zaman, Aitzaz Shah, Abdul Rashid, Rafaqat Hussain and Hasnain Gul belonging to the banned Tehreek-e-Taliban were cleared of all charges. It can thus be inferred that the Taliban was also cleared in the trial. Sadly, those who have been declared guilty in this case have been punished not for being accused of the murder but for criminal negligence in the performance of official duties. Judge Mohammad Asghar Khan of the Anti-Terrorism Court sentenced police officers CPO Saud Aziz and SSP Khurram Shahzad to 17 years imprisonment each. For all we know, the officers were only carrying out orders of higher authorities, most likely the then President and Army Chief, Pervez Musharraf. They merely declared General (R) Pervez Musharraf an absconder. The court failed to exercise its authority and also punish Musharraf for failing to ensure that adequate security was provided to a former twice elected Prime Minister of Pakistan and the leader of Pakistan’s most popular political party. For 10 years, the world was in search of the real killers of Shaheed Mohtarma Benazir Bhutto. The verdict only succeeded in deducing that “No One Killed Benazir.”

The judicial system has failed miserably in exposing the domestic and international powers involved in the assassination of those on whose shoulders the gun was fired. No one killed Benazir Bhutto except our country’s criminal justice system

Jessica Lal was a poor girl. Benazir Bhutto was not only Pakistan’s most revered leader but twice elected as Prime Minister. She was the heir of Shaheed Zulfikar Ali Bhutto’s politics. The only hope for the people of Pakistan, the chain that united all provinces of Pakistan and the bridge between the West and the Islamic World. The way her assassination case has been handled is arguably worse than a case relating to any poor citizen of Pakistan. The investigation by Scotland Yard and the UN team bore no fruit. All evidence was erased. The judicial system has failed miserably in exposing the domestic and international powers involved in the assassination of those on whose shoulders the gun was fired. No one killed Ms Benazir Bhutto but our country’s criminal justice system. I sincerely hope that the decision of Pakistan People’s Party to challenge the court’s verdict will succeed in identifying and punishing the real culprits behind one of Pakistan’s most tragic events.

The writer is former Pakistan Diplomat and currently chairman of an NGO. He tweets @nadirgabol

Published in Daily Times, September 10^th 2017.