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Zardari files petition against Additional CS Sindh for contempt of Court

ISLAMABAD : Azizullah Shaikh and Associates, Advocates for Senator Asif Ali Zardari have filed a petition with the Special Judge Karachi Central praying that under the contempt of Court Laws and under section 26 of suppression of terrorist activities (Special Courts) Act 1975 action should be taken against the contemnor who have violated the orders of the Honourable Court to provide Senator Senator Asif Ali Zardari the treatment which he requires for his ailment.

The petition filed today, 13 April 2004, says that on 18.2.2004 Senator Asif Ali Zardari was operated in Dr. Ziauddin Hospital Clifton Karachi. The Surgeon advised the patient to have rest for six weeks and the certificate in this regard was submitted in the court. On 24.2.2004 Mr. Moulabux Bhatti S.P.P. submitted an Application to the Honourable Court expressing doubts on the Certificates and the treatment that was being provided in the said hospital. On 20.3.2004 this Honourable Court passed fresh Order in continuation of earlier Order dated 31.1.2004 and directed the Health Secretary Sindh to constitute a board of doctors to verify the Certificate impugned by the Prosecution and the treatment plus rest that he required to recover health.

A high powered Board of Doctors on 2.4.2004 submitted their report with the opinion and recommended that Senator Asif Ali Zardari must get treatment including hydrotherapy under supervision of Spinal Surgeon initially for a period of eight weeks. It is further observed in the Medical Report that the facilities required for the illness of the Patient are only available in the Dr. Ziauddin Hospital. Thus the Report gives a clear opinion to the Court to keep the accused in the said Hospital for 8 weeks. This was an advice to the Prosecution also.

The Honourable Court on 2.4.2004 after going through the findings of the Medical Board constituted by the Government of Sindh, fixed the Case on 23.4.2004 for further proceedings. This Honourable Court gave clear indication to the S.P.P. that the accused shall be kept at Karachi for 8 weeks and not to be removed from Dr. Ziauddin hospital Karachi.

Despite this order, Syed Anwar Haider, the Additional Chief Secretary (Home) Government of Sindh on 9.4.2004 ordered the removal of the sick and infirm accused Senator Asif Ali Zardari to Islamabad to face the fabricated cases filed against him. A copy of the Order is attached with the petition. It was further submitted in the petition that proper procedure to remove the accused was to get Orders from the Honourable Court before hand. The petition says that this behaviour of the Contemnor is contumacious and deserves serious punishment.

Receiving the order by fax the same day i.e. 9.4.2004, the Superintendent of the hospital informed the Contemnor the finding and opinion of Medical Board constituted by the Government of Sindh advising not to remove the sick and infirm accused Senator Asif Ali Zardari against the recommendation of the said Medical Board. The copy of the letter by the hospital superintendent is also attached with the petition. Despite the orders of the Honourable Court and the letter and advise of the Superintendent of the Hospital, the Contemnor was bent upon to shift the accused to Islamabad not only in violation of the Order of this honourable Court but also putting the life of the accused Senator Asif Ali Zardari in danger. The Supreme Court has also noted/warned to avoid such situation through an Order already placed in the proceedings before the Court.

The petition asserts that the illegal acts of the Contemnor has seriously endangered the life of the accused Senator Asif Ali Zardari and there also appears a conspiracy for taking his life or making his life miserable with agonizing pain in flagrant violation of the Orders of the Court and also of the Apex Court.

It is to be noted that in the past as well court orders have been violated to harass and endanger the life of Senator Asif Ali Zardari. Senator Asif Ali Zardari was arrested at midnight on the day when the democratically elected government was illegally dismissed on 4th November 1996. Since then Senator Asif Ali Zardari has been languishing in prison without being charged in a single case fabricated against him.

In December 1996, Senator Zardari was subjected to sleep deprivation for five days in Karachi. In April 1999, Senator Zardari was illegally taken from judicial custody to a police torture cell in Karachi where he was subjected to sleep deprivation and physical torture for five days. He was subjected to physical torture twice there. One was to cut his throat and the other was by lacerating his tongue with a sharp object. He has been repeatedly threatened that he would be killed if he does not sign a prepared statement. Two false cases of suicide attempt were registered against him. He was acquitted of the suicide charge by the court in August 2003.

Senator Zardari has been harassed continuously and has been thrown from one court to the other in different cities in Punjab and Sindh provinces despite his life threatening illness. He has been granted bail in every case initiated against him but each time the regime fabricates a fresh case just to keep him in the prison.

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	Zardari files petition against Additional CS Sindh for contempt of Court ISLAMABAD : Azizullah Shaikh and Associates, Advocates for Senator Asif Ali Zardari have filed a petition with the Special Judge Karachi Central praying that under the contempt of Court Laws and under section 26 of suppression of terrorist activities (Special Courts) Act 1975 action should be taken against the contemnor who have violated the orders of the Honourable Court to provide Senator Senator Asif Ali Zardari the treatment which he requires for his ailment. The petition filed today, 13 April 2004, says that on 18.2.2004 Senator Asif Ali Zardari was operated in Dr. Ziauddin Hospital Clifton Karachi. The Surgeon advised the patient to have rest for six weeks and the certificate in this regard was submitted in the court. On 24.2.2004 Mr. Moulabux Bhatti S.P.P. submitted an Application to the Honourable Court expressing doubts on the Certificates and the treatment that was being provided in the said hospital. On 20.3.2004 this Honourable Court passed fresh Order in continuation of earlier Order dated 31.1.2004 and directed the Health Secretary Sindh to constitute a board of doctors to verify the Certificate impugned by the Prosecution and the treatment plus rest that he required to recover health. A high powered Board of Doctors on 2.4.2004 submitted their report with the opinion and recommended that Senator Asif Ali Zardari must get treatment including hydrotherapy under supervision of Spinal Surgeon initially for a period of eight weeks. It is further observed in the Medical Report that the facilities required for the illness of the Patient are only available in the Dr. Ziauddin Hospital. Thus the Report gives a clear opinion to the Court to keep the accused in the said Hospital for 8 weeks. This was an advice to the Prosecution also. The Honourable Court on 2.4.2004 after going through the findings of the Medical Board constituted by the Government of Sindh, fixed the Case on 23.4.2004 for further proceedings. This Honourable Court gave clear indication to the S.P.P. that the accused shall be kept at Karachi for 8 weeks and not to be removed from Dr. Ziauddin hospital Karachi. Despite this order, Syed Anwar Haider, the Additional Chief Secretary (Home) Government of Sindh on 9.4.2004 ordered the removal of the sick and infirm accused Senator Asif Ali Zardari to Islamabad to face the fabricated cases filed against him. A copy of the Order is attached with the petition. It was further submitted in the petition that proper procedure to remove the accused was to get Orders from the Honourable Court before hand. The petition says that this behaviour of the Contemnor is contumacious and deserves serious punishment. Receiving the order by fax the same day i.e. 9.4.2004, the Superintendent of the hospital informed the Contemnor the finding and opinion of Medical Board constituted by the Government of Sindh advising not to remove the sick and infirm accused Senator Asif Ali Zardari against the recommendation of the said Medical Board. The copy of the letter by the hospital superintendent is also attached with the petition. Despite the orders of the Honourable Court and the letter and advise of the Superintendent of the Hospital, the Contemnor was bent upon to shift the accused to Islamabad not only in violation of the Order of this honourable Court but also putting the life of the accused Senator Asif Ali Zardari in danger. The Supreme Court has also noted/warned to avoid such situation through an Order already placed in the proceedings before the Court. The petition asserts that the illegal acts of the Contemnor has seriously endangered the life of the accused Senator Asif Ali Zardari and there also appears a conspiracy for taking his life or making his life miserable with agonizing pain in flagrant violation of the Orders of the Court and also of the Apex Court. It is to be noted that in the past as well court orders have been violated to harass and endanger the life of Senator Asif Ali Zardari. Senator Asif Ali Zardari was arrested at midnight on the day when the democratically elected government was illegally dismissed on 4th November 1996. Since then Senator Asif Ali Zardari has been languishing in prison without being charged in a single case fabricated against him. In December 1996, Senator Zardari was subjected to sleep deprivation for five days in Karachi. In April 1999, Senator Zardari was illegally taken from judicial custody to a police torture cell in Karachi where he was subjected to sleep deprivation and physical torture for five days. He was subjected to physical torture twice there. One was to cut his throat and the other was by lacerating his tongue with a sharp object. He has been repeatedly threatened that he would be killed if he does not sign a prepared statement. Two false cases of suicide attempt were registered against him. He was acquitted of the suicide charge by the court in August 2003. Senator Zardari has been harassed continuously and has been thrown from one court to the other in different cities in Punjab and Sindh provinces despite his life threatening illness. He has been granted bail in every case initiated against him but each time the regime fabricates a fresh case just to keep him in the prison.
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