“The federal government is directed to seek extradition of those accused residing in treaty states whose arrest warrants have been issued by the competent court of law,” the bench ordered.
The court also directed that minutes of federal and provincial cabinet meetings that were held when Bugti was killed should be collected.
The bench, comprising Chief Justice Qazi Faez Isa and Justice Abdul Qadir Mengal, issued directives before disposing off the petition filed by Nawabzada Jamil Akbar Bugti, the oldest surviving son of Nawab Akbar Bugti.
Copies of arrest warrants for Musharraf and Aziz were submitted before the BHC. Jamil had stated in his petition that the murder case was not being investigated “properly”, since no efforts had been made to record statements or arrest the accused nominated in the FIR registered at the Dera Bugti Police Station.
‘We knew nothing’
Deputy Attorney-General Malik Sikandar submitted Aziz’s statement in Tuesday’s hearing, in which he had said that he was “used as a tool” by then president Musharraf and had nothing to do with the Bugti murder case. However, it stated, he will extend his cooperation to the court during investigations.
Recently, arrest warrants were issued for not only Musharraf and Aziz, but also former home minister and sitting Member of Provincial Assembly Shoaib Ahmed Nosherwani of Pakistan Muslim League-Quaid. Other accused who are nominated in the FIR include former Balochistan governor Owais Ghani, former federal interior minister Aftab Sherpao, and former chief minister and sitting Member of National Assembly Jam Mir Mohammad Yusuf.
According to sources within the home department, the crime branch has filed a formal request with them for extradition of Yusuf.
Ghani, who was then governor, also submitted a reply and stated that although he was the constitutional head of Balochistan, he was unaware of the military operation until it took place. “There may have been talks between the federal and provincial government about the operation but I do not know about them,” he stated.
Sherpao’s statement said that he was in Peshawar when Bugti was killed and only came to know of the murder through government and media sources. “Jamil nominated me as an accused just because I was interior minister at the time,” he said. He also assured the court that he will cooperate during investigation.
Jamil ‘not satisfied’
Talking to journalists outside the court, Jamil said he was not satisfied with the investigation. “The court merely issued directives and did its job, but now it is the responsibility of the executive to implement these directives. The statements by Aziz and others accused submitted to court are surprising because everyone seems to be trying to blame each other for the murder,” he said.
Published in The Express Tribune, November 2nd, 2011.
COMMENTS (29)
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@Asad Malik: You are suporting a person who break pakistan law two times
please care of your mind and appolozige from nation
Bugti was killed in an army operation. He was involved in killing innocent people ,destruction of gas pipelines, power lines. Musharaf did not kill him personaly. In this operation many army officers and jawans laid their lives. How many of us have ever gone to the families of army shaheeds and condoled their death. For Gods sake dont politicise the issue. Allah has given you grey matter. Use it. Think for the betterment of the society. Dont waste time , energies and money. We are already short of money but ample time to waste.
@Jadugar: My brother justice is absolute. One has to be just to every one at all times irrespective of how he behaved.
@Sergio: It is sheer arrogance that creates most problems. If we speak softly then others would understand us.
@Proud Pakistani: because killing an innocent human being amounts to killing whole humanity. Once we realize the value of human life, most of our problems will b solved.
People who do not believe in justice are not entitled to one.
An inconclusive decision. It does no justice to the troops who were killed by the illegal militia of the Nawab.
Without prejudice and for academic discussion, the judgment appears to be inconclusive, and open to doubt and further litigation on following counts:- 1. That it does not take into consideration the role of an illegal, unconstitutional private militia of Nawab, fully armed and operational to take on the state machinery. 2. That it does not take into consideration the deaths of the troops who lost their lives in this encounter at the hands of the Nawabs unconstitutional militia. 3. It validates the existence of private militias and armed struggle against the state on any political, social or personal grounds. 4. That the prosecution failed to protect State interests in view of their personal safety and that the court did not take holistic view of the case.
I believe that Bugti was a tribal chief with his own army and was resisting the development work of the government. when he was asked to lay down his arms he preferred to fight with the government and was responsible for heavy losses to government installations.
He himself was responsible for his death, as when you fight with the state you are bound to crushed by the state machinery.
How Mush wishes that this case is heard in Punjab HC not Baluchistan HC? BHC is showing its independence by acting according to the laws irrespetive of General's position. This would be a first in Pakistan's judicial history. Mush should present himself in the court and put up his defense. By not doing that, this case would be decided in absentia and he would be a proclaimed offender.
Dear Proud Pakistani: some more proud Pakistanis refused to waste energy on a man called Mujib. Learning from that, we must spend our energy. And if we don't spend energy, we'll have a belly, not good if our esteemed ghairat brigade wants to hear radio lahore from Delhi.
@M Aslam
Justice must also be done for Baituallah Massood, and all the terrorist of swat valley and their families. Cases should be registered against the federal and provincial government heads and zardari along with Gen Kayani for murder. WHAT A JOKE.
@Asad Malik: Musharraf deserves to be charged with treason and jailed. His 9 years of dictatorship put back the country and all of the nation's current problems can be related to his misrule. When an army man takes over illegaly and destablizes the nation, he deserves nothing but scorn and the justice of the courts. Look at the way the Libyans treated Gaddafi or the way Egypt treats Mubarak. Why is Musharraf allowed to walk around scott free when he too is guilty of illegal rule as a dictator?
Baloch don't want the extradition or execution of Musharraf and Shukat Aziz. The situation has gone far behind than just punishing some individuals. Our leaders were killed, our people are being abducted and killed everyday. How can Pakistanis still expect Baloch people to call themselves Pakistanis when they are being the victim of the same state's army and intelligence. We would prefer dying like a Baloch rather than being slave of oppressor :-)
Why not for BB's murder case also ?
Sounds more like a Witchhunt then justice. I wonder how many cases where Bugtis are themselves involved in, which has never surfaced. People who are not just, dosent derseve justice.
What about all those who were killed by Bugti?
judges must be hanged if we we want stable Pakistan.
Business as usual corrupt people corrupt leaders.
Musharraf is now irrelevant. He was supposed to be the 3rd force but he missed his chance big time. Now Imran Khan has taken his place as the 3rd force so time to bring him back and prosecute him. Its because of his cowardice that Pakistan is suffering for the last 11 years.
PPP scared of Musharraf. Bitter reality.
If only you guys put this much effort into going after your actual threats right now those orders wouldn't look so much like baby-eyed pretty-please requests from a submissive position to everyone who see's it from a clearer distance.
How long can you avoid the law? Putting it in a layman's words: "Mr. Musharraf! Its time you came back and faced the music." Salams to Pakistan
You can't extradite someone unless you have an extradition treaty - which you don't. Seems like your courts aren't much different than your politicians - tendency to make speeches with no substance.
Justice must be provided to Bugti,s family
mushraf must be brought in court to prove his innocence if
mushraf should be hanged
Courts cannot save Sharifs from people wrath. We love Musharraf - he has been the best leader, who works only for Pakistan the people living in it.