KARACHI, Aug 1: The judge of a special banking court, Ghulam Hussain Mallah, on Friday acquitted Hakim Ali Zardari in a fraud case.
The judge announced his verdict after recording final arguments on an acquittal application from both sides.
Hakim Ali Zardari, father of the co-chairman of the Pakistan People’s Party, Asif Ali Zardari, through his counsel, Haider Sudrani, had moved an application under Section 249-A of the Criminal Procedure Code (power of a magistrate to acquit the accused at any stage) for the cancellation of charges against him.
Mr Sudrani argued that the case did not fall under the jurisdiction of a banking court since the complainant in the case was neither a bank nor any insurance company but was registered by the Federal Investigation Agency. He said that it was a civil case and its nature was decided by the high court.
He further submitted that his client was implicated in the case as the prosecution had also failed to provide any evidence or witness against his client in the last nine years. He pleaded for the acquittal of Hakim Ali Zardari.
However, the public prosecutor opposed the acquittal plea.
According to the verdict, the court after examining the prosecution papers found no evidence which may connect Hakim Ali Zardari with the alleged offence. “Since there was no probability of conviction”, the court allowed the application and acquitted Mr Zardari under Section 249-A of CrPC in the case.
The prosecution said that Hakim Ali Zardari had allegedly sold out shares of Eastern Insurance Company in 1997 and through an application told the company that the shares had been stolen and asked it to issue duplicate shares. The company had issued duplicate shares to him. However, after an inquiry the FIA registered a case (FIR No 6/97) under Sections 420, 409 and 406 of the Pakistan Penal Code against him and alleged that Hakim Ali Zardari had sold out the shares in the market and had cheated the insurance company.
Kidnap & murder case
An anti-terrorism court recorded the statement of a witness and put off the hearing of a case pertaining to the kidnap and murder of a 21-year-old man till August 2.
The witness, Asiya, wife of the accused Abu Alkalam, appeared before the judge, Abdul Ghafoor Memon, of the ATC-II and testified in the case. The special public prosecutor also cross-examined the co-accused, Abdul Razzaq.
According to the prosecution, the police found the body of a young man on February 14 near the Premier College from the limits of the North Nazimabad police station. On Feb 15, the deceased was identified as Kamal, 21, son of Abdul Haq. After initial investigations, however, the police on Feb 16 arrested the accused. The charge-sheet said that the deceased, Kamal, was said to be fond of the daughter of Abu Alkalam and wanted to marry her. However, the girl’s family opposed the matrimonial alliance which led to many disputes between the families. On Feb 13, the accused along with his son, Abdul Razzaq, and a relative, Mahjil Hussain, killed Kamal and dumped the body near Premier College, it added. Mahjil Hussain has been declared absconder in the case. The police registered a case (FIR No81/08) under Section 302/34 of the Pakistan Penal Code read with Section 7 of the Anti-Terrorism Act, 1997.
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