Chief Justice Iftikhar Muhammad Chaudhry on Thursday, heading an 11-member bench hearing the presidential reference regarding Bhutto’s murder, said the ZAB reference is being heard to give a legal opinion under the constitution and not to review it from the scratch.
The CJP said they could not go beyond the constitution and the court would limit to its opinion. He remarked the court knew it was not the case of a common man, and even a street child knows who Bhutto was. He advised Babar Awan, the federation’s counsel, to limit his arguments to the legal points of the reference.
The court directed Punjab Police, Pakistan Railways and the Federal Investigation Agency (FIA) to coordinate with each other and submit the record of Zulfikar Ali Bhutto case by Monday. Advocate General Punjab Khawaja Haris informed the court that whole Wednesday night he and the IGP Punjab had gone through police record but did not find the file containing the FIR and investigation officer’s (IO)’s notes against ZAB. The police have record of sending file to Deputy Director FIA Abdul Khaliq, which did not come back, he added. The Advocate General said it has been a practice that daily diaries are destroyed after every two years. However, the police got some record from the Crime Register of Deputy Superintendent Police (DSP). In that register, there was summary of the IO’s report and a mention of the investigation officer. He said those who dealt with the case, Aslam Sahi, FIA inspector, Ch Abdul Khalid, DD FIA, Mohammad Boota, police inspector and Ejaz Hussain Batalvi, Special Public Prosecutor, all have expired.
Chief Justice Iftikhar Muhammad Chaudhry, disapproving Kh Haris’ statement, said: “We are not satisfied with your reply.” He further said: “We are interested in the record how Bhutto was involved in the case. Therefore, provide the record no matter wherever you bring it from.”