ASSOCIATED PRESS OF PAKISTAN
NEWS SUMMARY
(22-03-2000)
AG-Sindh winds up his final arguments
KARACHI, March 22 (APP) - Advocate General Sindh Raja Qureshi informed the court that principal accused Mian Nawaz Sharif continued to exercise the powers as country's prime minister till 7:15 pm on October 12, 1999 when the orders for diversion of flight PK-805 were issued. Winding up his final arguments in October 12, plane hijacking case in Anti Terrorist Court (ATC)-1 headed by Judge Rehmat Hussain Jaffery on the second day, the Chief Prosecutor said according to prosecution witness and Director Protocol PM House Commander Zahid Mehmood, Mian Nawaz Sharif had asked him to check the presence of army at the gates of PM House and at that moment the time was about 7:15 pm. He was assisted by Barrister Zahoorul Haq, Anum Jawaid Khan and Miss Masooda. All the accused including Nawaz Sharif, Shahbaz Sharif, Syed Ghous Ali Shah, Saifur Rehman, Shahid Khaqan Abbassi, Saeed Mehdi and Rana Maqbool Ahmed were present in the court. He said the orders for diversion of PIA flight PK-805 had endangered the lives of 198 souls on board on October 12, including 50 American students and Chief of Army Staff (COAS) but the intervention of army had saved the lives of all passengers.
He said another PW and telephone operator of PM House Mohammad Asif had also mentioned in his statement that army had entered PM House at about 7:15 pm. Raja Qureshi said PW-19, former military secretary to prime minister Brig Javed Iqbal had also stated in his statement that army took over the control of PM House at around 7 pm. He said in the light of statements of prosecution witnesses, the cases of attempt to hijacking, abduction, terrorism and attempt to murder have been established against the accused and co-accused and they should be awarded punishment according to law. He said under Section 7(2) of Anti Terrorism Act 1994 (terrorism) the punishment is 7 years rigorous imprisonment and fine, under Section 365 of Pakistan Penal Code (PPC) (kidnapping and abduction) the punishment is 10 to 7 years while under Section 324 PPC (attempt to murder) the punishment is 10 years. Earlier, resuming his argument, Raja Qureshi quoted definitions of hijacking, saying the physical presence of accused is not necessary in the aeroplane or at the place of hijacking. Similarly, he said forceful shifting of persons comes under the offence of kidnapping and abduction. He said Air Traffic Control (ATC) tower controls the pilots of the aircrafts and the accused seized and controlled the flight PK-805 through Director General Civil Aviation Authority (CAA) Aminullah Chaudhry by directing him for diversion of the said flight. Explaining the orders of commands through ATC and Radar, the chief prosecutor said that at the first check point at Sapna which is located at 29,000 feet in the air, the pilot of the aircraft is under command of Radar control. He said at the second check point Marvi which is located at 10,000 feet, the ATC control the aircraft.
Raja Qureshi said as a signatory to the Convention on International Civil Aviation, Chicago USA, Pakistan has to follow the set guidelines and practices for handling all air traffic. He said under the Convention's rules recording of spools is mandatory and should be kept preserve in the case of any aviation accidents for at least 15 days. Regretting the constant opposition on the playing of spools relating to October 12 incident, the AG Sindh said it was unfair that such evidence were not being allowed to play for acquiring the justice. He said these spools contain conversation between pilot and Radar Control ATC Tower and ATC Tower to Radar and DG CAA with ATC Tower and were important evidences. Raja Qureshi said in the absence of these spools, he would rely upon transcripts of the spools. On this occasion senior defence lawyer Khawaja Sultan opposed the move and said the Court had already disallowed the playing of spools through its order and the transcripts based on these spools cannot be utilised as piece of evidence. On the intervention of Judge, the AG Sindh was allowed to read out portions of the cross examination of Brig Nadeem Taj in which he referred the conversation of Chief of Army Staff and Maj Gen Iftikhar. The court was adjourned till March 24, when the defence will begin its final arguments for at least three days.
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