20000321

Plane case

Prosecution

demands death

or life term

for Nawaz, others

WIRASAT HUSSNAIN

KARACHI: The prosecution on Monday demanded death sentence or life imprisonment for all the accused, including former prime minister Nawaz Sharif, in the October 12 plane conspiracy case.

All the accused were present in the court. The team of defence counsel headed by Khawaja Sultan was also present. They are staying in hotel Awari Towers and have been provided with security staff.

Advocate General of Sindh Raja Qureshi, leading the prosecution, argued before the Anti Terrorism Court (ATC) that the offences cited in the charges framed by the ATC stood committed from the point of time when the principal accused, Nawaz Sharif, in a conspiracy issued directions for diversion of PK- 805 to any destination out of Pakistan. He was still on his legs when the court rose for the day.

He said the conspiracy hatched by Nawaz Sharif at the Prime Minister House, Islamabad, on Oct. 12, 1999, led to hijacking of the Colombo-Karachi flight PK- 805 carrying 198 passengers, including 50 American students, members of the crew and the Chief of Army Staff, General Pervez Musharraf, and this amounted to an attempt to cause Qatl-e-Amad and terrorism.

Qureshi pleaded before the court headed by Judge Rehmat Hussain Jafery that all the accused be awarded maximum/capital punishment within the meaning of Section 20 of the AT Act 1997.

On a question from the court, he said since the trial of the accused under Section 402-B of the Pakistan Penal Code (PPC) was conducted under AT Act 1997, and Section 402-B of the PPC defines maximum punishment as death or life imprisonment for offences committed and defined under Section 402-A PPC Ñ whoever unlawfully by the use or show of firearms or by tricks seizes control of an airplane commits hijacking. "Under Section 402-B punishment for hijacking is death or imprisonment for life and also forfeiture of property," he added.

He said if the court decided to deviate from Section 20 of the AT Act and awarded lesser punishment, or if there was probability of lesser punishment, the court would be obliged to record reasons for doing so. " If there are extenuating circumstances, the reason for lesser punishment is to be recorded," he added.

Qureshi said, "Had there been a delay of seven or eight minutes in the landing of the PK-805, there would have been a major catastrophe."

Qureshi said on October 12 at about 4:30 p.m. the COAS Gen. Pervez Musharraf was purported to have been retired by the principal accused Mian Nawasz Sharif and General Ziauddin was purported to have been appointed COAS by the principal accused. It was done while Gen. Musharraf was on an official tour to Sri Lanka and was scheduled to reach Karachi by PK-805. "Thus a conspiracy was hatched in pursuance of the said order at the Prime Minister House in Islamabad to ensure that the COAS did not land on the soil of Karachi."

In support of the conspiracy charge Qureshi said on Oct. 12, between 5 p.m. to 7 p.m. Sharif hatched a conspiracy with his co-accused Shahbaz Sharif, Saifur Rehman, Saeed Mehdi in the Prime Minister House, Islamabad, and with his co-accused Syed Ghous Ali Shah, Shahid Khaqan Abbasi, Rana Maqbool Ahmed and approver Aminullah Chaudhry in Karachi on telephone with the object of hijacking PIA PK- 805 which was to land at Karachi airport with 198 passengers, 50 American students, COAS Gen. Pervez Musharraf and members of the crew and to abduct and attempt to cause Qatl-e- Amad of 198 souls on board PK-805.

He said in order to implement the objectives of the conspiracy, the principal accused in collaboration with Shahbaz Sharif, Saeed Mehdi, Saifur Rehman contacted Aminullah Chaudhry DG CAA and Shahid Khaqan Abbasi, chairman PIA, to ensure that PK-805 did not land on the soil of Pakistan. This step was taken by the co-conspirators in Islamabad with a view that CAA and PIA are the only two agencies which exercise professional and operational control on all flights flying to and through the air space of Pakistan.

To achieve this objective, the A. G said, telephonic contact was established from PM House in Islamaad to Chief Minister House in Karachi between Nawaz Sharif and Ghous Ali Shah along with Rana Maqool. Accordingly directions were issued and received to the effect that in the event PK-805 landed at Karachi Airport the same should be parked at the dumble area (end of runway) refuelled through the bowzer and no embarkation/disembarkation be allowed. The aircraft was to be surrounded by a heavy police contingent and APCs. After refueling PK-805 was to be sent anywhere out of Pakistan.

Recounting the evidence, the A. G said: orders were passed and relayed by accused Rana Maqbool to all SSP's of Karachi to take one APC each to Karachi airport. Further, Rana Maqbool conveyed orders to SSP Nawabshah Ehsanullah Gondal to go with a heavy police contingent to Nawabshah Airport, the alternate designated place for PK-805, and upon landing to arrest COAS and take him to a rest house and confine him there while accused Ghous Ali Shah and Rana Maqbool would reach Nawabshah immediately.

Thereafter Ghous Ali Shah, Rana Maqbool reached Karachi Airport while directions were already issued by Rana Maqbool Ahmed to DIG Karachi Akber Arain and SP Bashir Memon to reach Karachi Airport for implementation and execution of the orders emanating from PM House, Islamabad.

Accordingly, heavy contingent of police with IG, DIG, SSP Karachi and Ghous Ali Shah reached Karachi Airport while a heavy police contingent with SP Ehsanullah Gondal reached Nawabshah Airport for implementing the orders.

Pursuant to the orders received from Nawaz Sharif approver Aminullah Chaudhry PW1 called Wing Commander Ahmed Farook (PW 20) his secretary to I) ascertain flight details of PK-805, ii), contact PW6 Aqeel Ahmed GM ATS (Air traffic Service CAA) and order closure of Karachi Airport, iii) put on hold all international flights and divert domestic flights to Nawabshah, iv) contact PW2 Yousuf Abbas, chief operation officer CAA, who was ordered to personally go to ATC and ensue the implementation of the orders of the principal accused Nawaz Sharif.

Aminullah Chaudhry ordered PW2 Yousuf Abbas not to divulge the reasons for closure of Karachi and Nawabshah airports as the pilot of PK-805 may attempt to land at some other airfield in Pakistan defeating the purpose of the orders.

1. Aminullah Chaudhry spoke to accused Shahid Khaqan Abbasi who confirmed to him having received similar orders from Nawaz Sharif in terms of refusal to PK-805 to land anywhere in Pakistan.

The third time when Aminullah Chaudhry spoke to principal accused Nawaz Sharif and apprised him of the critical fuel endurance of PK-805 and, that it could not fly anywhere out of Pakistan and could only land at Nawabshah, alternate designate airport, the principal accused responded that his earlier orders were categorical. The next attempt by Aminullah Chaudhry to further highlight the deteriorating fuel position were frustrated by principal accused Nawaz Sharif by making himself unavailable on phone to Aminaullah Chaudhry.

Finally Aminullah Chaudhry PW1 succeeded in contacting Brig. Javed Iqbal PW19 Military Secretary to Nawaz Sharif who informed him that now the orders were that the PK-805 be sent back of Karachi, isolated at the end of runway, refuelled and sent to Sharjah, no embarkation/disembarkation to take place.

Pursuant to the orders and steps taken by Aminullah Chaudhry, ATC Karachi Airport issued orders to PK-805 to stay on hold at MARVI for sufficient time till its fuel endurance was reduced to 45 minutes, whereafter PK-805 was directed to be diverted to Nawabshah. While midway enroute to Nawabshah it was ordered by ATC to come back to Karachi at 7.10 p.m./ 7.15 p.m. when the pilot Sarwat Hussain PW9 lost total faith and trust in ATC due to critical and grave fuel position at this point of time when Capt. Sarwat Hussain PW9 elected to contact PIA authorities he was contacted by ATC to switch over to Tower frequency for instructions from military authority from ATC Tower.

He said while ATC was ordering PK-805 not to land anywhere in Pakistan, the director flight operations of PIA Capt. Dara, (PW8), also issued the same orders to PK-805 under specific instruction from Chairman PIA Khaqan Abbasi refusing landing of PK-805 at any airfield in Pakistan and directed PK-805 to proceed to Muscat. These orders issued by Khaqan Abbasi to Dara were specified by him to be the orders of the principal accused in pursuance of the conspiracy.

At this time General Iftikhar addressed Capt. Sarwat Hussain from ATC informing PK-805 that Karachi Airport had been cleared and now ATC would guide PK-805 for landing at Karachi airport. Consequently normal instrument landing system was put into operation and PK-805 landed safely at around 7.48 p.m on 12.10.1999.

Raja Qureshi said the alleged ofence reflected in the charge framed by the court stood committed from the point of time when the principal accused under a conspiracy issued directions or diversion of PK-805 to any destination out of Pakistan and established the commission of the charged offences by all the accused persons collectively and individually.

Qureshi said there was total and absolute absence of reason for lawful closure of Karachi airport and Nawabshah airport for PK-805 and not allowing landing at the specified airfield or designated alternate airfield or any other airfield in Pakistan with specific orders to PK-805 to go out of Pakistan at its own risk, despite the fact that 4/5 aircraft were diverted to alternate designate airport Nawabshah.

He said that the accused persons being co-conspirators had taken steps for executing the said conspiracy which had resulted into striking terror, chaos, panic, fear and confusion to persons on board PK-805 and such acts were likely to result in the death of 198 persons on board PK-805 and had further engineered display of fire arms by using unlawful force through public servants and as such committed a terrorist act attracting the ingredients of sub-clause in to Section 7 of the Anti-Terrorism Act 1997 and Section 324 PPC read with Section 109, 114 PPC.

That by unlawful refusal to PK-805 to land at its designated airfield the co-conspirators had abducted and kidnapped all 198 souls on board with the intent to secretly and wrongfully confine 198 souls on board PK-805 while it was Hijacked on 12.10.1999.