ISLAMABAD: The Supreme Court on Wednesday expressed its displeasure and dissatisfaction over the absence of much required police investigation documents of October 1, 1974 which was consigned to record on basis of untraced evidences against late Zulfikar Ali Bhutto.
Chief Justice Iftikhar Muhammad Chaudhry expressing his annoyance over attitude of DIG Police Punjab told him that he even did not know where the four copies of Ichira police station record were.
"We feel complete responsibility to secure record. A larger bench is sitting here and waiting for record but this police official does not know how to proceed," he added.
An eleven-Judge bench headed by the Chief Justice resumed hearing of a Presidential Reference sent to it by the President under Article 186 by invoking its advisory jurisdiction over trial of late ZAB.
Khawaja Haris, Advocate General Punjab, appeared and apprised that the Register 9 was available but the investigation record was handed over to FIA.
He said Mohammad Aslam Sahi, ASI Lahore at that time handed over the record to Muhammad Akram, a former judge of the Supreme Court during 1978 and afterwards police file of 112 pages was not returned. He said the file was declared as untraced.
The Chief Justice expressing his displeasure told him that they were not satisfied with this version.
He said it was probably a period when the trial had commenced then what was the need to summon that file.
He emphasized that for proceeding on the issue, the availability of the file was very vital as it contained untraced evidences against ZAB and the case was closed in 1975.
He questioned when there was no criminal case in 1975 then how it could be revived in 1977!
He said under law the re-investigation process of a case rested with the IGP but the incident explained how decisions had been made.
He told Advocate general Punjab that he should go through the FIR book and would not even find the original one.
Khawaja Haris, however, assured the bench that he had instructed police officials who would be trying to locate the missing file at three places and expressed his optimism that they might come up with positive result.
Dr Babar Awan, counsel for referring authority, read out events from the judicial record of Lahore High Court proceedings against late ZAB.
He said during November 1977 statements of witnesses were recorded partially and even in Bhutto' absence.
He said it was indeed interesting that all these statements were recorded under Section 164 of the CrPc and like that of Masood Mahmood, the approver, had been recorded on oaths.
He said abusive language was used by former acting chief justice Molvi Mushtaq against late ZAB and his counsel.
Even on one occasion, the former trial judge, ordered the police personnel to take out ZAB from the courtroom due to his unruly behaviour, he added.
He said late Bhutto had also written in his book that he was told 'to shut up and get out.'
Justice Jawwad S. Khawaja said if they came to a conclusion at the end that something was done then what they would have to do! He asked Awan to guide them over the issue.
Reading out from the record, Babar said on September, 1977, Ghulam Hussain, another approver, had moved an application for recording of his statement before the district magistrate.
The Chief Justice observed that district magistrate had also admitted that there was no evidence available.
Dr Babar said that the missing record from Ichira police station was handed over to CIA which was a department of Punjab police.
He said from the first page of judicial record, the issue of bias was apparent.
The Chief Justice told him that he should also procure FIR registered in September 1981 over a firing incident on Chaudhry Zahoor Elahi and Molvi Mushtaq, in which the former was killed while the latter was injured.
The counsel said that a special bench was constituted while special prosecutors were brought to execute a design of which the judiciary was a part.
He said a Commission was also formed to find out facts behind all the nonsense against the former prime minister but it could not find anything.
He said Muhammad Waris, one of the police investigation officer, also admitted in his statement that he was under pressure to frame case but he could not find evidences.
The Chief Justice said the people who acted did not know what they had been doing.
He said that the trial judge was not even invited to take oath under PCO and was told that his name had been omitted.
The bench was amazed when they were informed that a statement of late filmstar Muhammad Ali was also incorporated in the judicial record without any irrelevancy over the matter of recovery of arms.
The attendance in the courtroom were all smile when Justice Javed Iqbal aptly remarked by saying if they brought Muhammad Ali then why not film actress Zaiba, which was an indiscrimination.
Further hearing was adjourned till Thursday.
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