ISLAMABAD: Chief Justice of Pakistan (CJP ) Iftikhar Muhammad Chaudhry had
remarked prima facie Masood Mehmud was master mind of Nawab Muhammad Ahmad Khan
Kasuri murder case.
CJP gave these remarks while presiding over a 11-member larger bench of SC
during Bhutto execution case here Tuesday. He further remarked it would have to
be seen at what stage Zulfiqar Ali Bhutto was involved in the case.
During the hearing A K Dogar requested the court to hear his application as
well.
The CJP said it had not been decided as yet to make him party as the matter
was between the court and the president.
Government counsel Babar Awan argued director Federal Security Force (FSC)
was taken into custody to make him approver against Zulfiqar Ali Bhutto. Martial
law authorities had provided him a questionnaire before recording his
confessional statement. Mehsood Mahmood had recorded his statement in high court
and if his evidence is deleted then the case can not be framed.
He said the bench hearing the case was biased and the objection was raised by
counsel for Zulfiqar Ali Bhutto against partiality of chief justice Lahore High
Court. During the investigation Masood Mehmood had confessed the offence of
murder.
Babar Awan said chief martial law administrator was directly involved in this
case.
CJP said the record of the evidences recorded in 1975 be presented in the
court. Court itself would summon this record. Case remained adjourned for one
year and FIR would also be there. Then we will move ahead”.
Babar Awan said evidence was recorded against Zulfiqar Ali Bhutto without
indicting him. Statements from counsels for Bhutto were not made part of the
record, he added.
On one occasion Justice Javed Iqbal said “ your case revolves round the
statement of Masood Mehmood.
CJP remarked a register is maintained in every police station and it would
have details of Bhutto case. This register be obtained. If the register is not
available then FIR be obtained as details of case are recorded on its back
page”.
Babar Awan said application had been sent by federation for obtaining this
record.
The report of the tribunal would have to be seen before reaching any
conclusion”, Justice Jawad S Khawaja said.
Babar Awan said “tribunal report is also part of the record. Only one counsel
of prosecution is alive. Lahore High Court had issued three orders against
Bhutto”.
Bhutto was not allowed to record his statement due to bias”, Babar Awan said.
Change in record was worst bias.
CJP inquired if the judges had personal grudge with Zulfiqar Ali Bhutto.
“It is learnt that Moulvi Mushtaq had expressed desire to become federal
minister when Bhutto was prime minister which was not accepted”, Babar Awan
said.
“Independent judiciary means that weaker people are on one side and they will
join him who comes with stick in future. But time is gone now and no one will
come with stick now. Judiciary has blocked all such ways”, Justice Jawad S
Khawaja said.
CJP said “we are happy parliament is functioning. Democratic order is in
place in the country.
On being inquired from CJP, Babar Awan said the court verdict when comes will
foster harmony among the provinces.
The hearing has been adjourned till today. Online
