ZAB FIR record: ‘Lost’ record of Kasuri murder case presented
No evidence was found against Zulfikar Ali Bhutto prior to July 5, 1977 in the investigation carried out by Justice Shafiur Rehman, the Supreme Court observed on Monday during the course of hearing of a presidential reference seeking to revisit the trial of former prime minister Z A Bhutto.
Attorney-General Maulvi Anwarul Haq presented the ‘lost’ investigation record of murder of Nawab Muhammad Ahmed Khan Kasuri. The First Information Report (FIR) No402 was registered, accusing Bhutto of Kasuri’s murder in 1974 but was closed in 1975 because it was untraceable.
Chief Justice Iftikhar Muhammad Chaudhry observed: “Prima facie, the record…proves that comprehensive investigation was conducted by Justice Shafiur Rehman and the case was closed since there was no evidence against Zulfikar Ali Bhutto. It looks (like) everything was done after July 5, 1977.”
The attorney-general informed the 11-member bench that the record was found in Federal Investigation Agency custody. It was submitted to them after the closing of the case in 1975.
The chief justice ordered the attorney-general to submit the record in the apex court registrar’s office.
He remarked that many facts “are hidden in this record. However, the court is bound to (give a) reply (to) questions asked by the president in the reference, so (the court is) unable to make it public.” He told the attorney-general and advocate-general to consult “your respective governments about making it public”.
Later the counsel, Babar Awan, raised the point of Lahore High Court (LHC) bench’s “bias” against Zulfikar Ali Bhutto.
He contended that the Lahore High Court was acting against the independence of bar associations and argued that murder saga of Zulfikar Ali Bhutto was rehearsed at the Lahore High Court after Masud Mehmood agreed to become an approver on September 14, 1977 against Bhutto before magistrate Zulfikar Ali Toor.
“The LHC did not adhere to the provision of Article 204 of the Constitution for initiating contempt of court proceedings nor section 6 of contempt of court act 1976. It also did not adhere to the Section 227 of CrPC (Criminal Procedural Code) known as summary trial.”
“We respect the judges a lot, but what they had been doing?” the chief justice asked the counsel.
“They were (just) following (the course of) a kick,” the counsel replied.
“Whose kick?” Justice Sair Ali asked in a lighter vein.
“It was a kick of martial law,” the counsel replied.
After the break, senior advocate Abdul Hafeez Pirzada said: “I and Bhutto appeared in person and filed a detailed reply, that record may also be summoned, that record would also be very helpful in the hearing of this reference”. He sought the court’s permission to access the record.
The chief justice remarked that he can file an application, however, it is the discretion of the president to hand over the record or not.
Later, the court adjourned hearing till Tuesday (today) due to shortage of time.
Published in The Express Tribune, May 10th, 2011.
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