The ball is in the government’s court. Hearing a plea seeking orders for registration of a fresh first information report (FIR) against former president Gen (r) Pervez Musharraf and 12 others in the Benazir Bhutto assassination case, a three-member bench of the Supreme Court on Tuesday directed the attorney general to seek instructions from the government for the registration of a second FIR into the murder case and inform the court within a fortnight.
The court also directed the respondents, including former president Gen (r) Pervez Musharraf, Interior Minister Rehman Malik, former law minister Babar Awan, former Punjab chief minister Pervez Elahi and others to file a detailed reply within two weeks.
Headed by Chief Justice Iftikhar Muhammad Chaudhry, the bench comprised Justice Khilji Arif Hussain and Justice Tariq Parvez. The court summoned the record of the case along with copies of order-sheets and the progress so far made before the Anti-Terrorism Court, Rawalpindi, where the case is under adjudication. The court decided to constitute a larger bench to hear the plea after two weeks. Expressing his concern over FIA’s non-cooperation with the Supreme Court, the chief justice observed that there was no independent investigation agency in the country, therefore, the court might form a joint investigation team consisting of top officials from all four provinces to investigate the matter.
“It is an extraordinary case involving assassination of a former prime minister and the country’s president also wishes to know about it, so take it seriously,” the chief justice told the AG. The court asked the AG about the status of the case before the trial court, besides asking him whether he was satisfied with the trial being conducted by the trial court. The attorney general stated that the case was being proceeded with properly and he was satisfied with its progress. He said the trial of some accused was underway, however, he said the case in hand was another one about the registration of a second FIR against the accused. The court asked what were the federation’s instructions regarding the second FIR and was there any need for it. “Now we have two options—either to dismiss the plea or accept it for regular hearing, if the appellants satisfy us,” the chief justice noted. He said the UN and Scotland Yard had also investigated the matter and since the case involved assassination of a former PM, responsibilities were multiplied.
He said the affected person, who received injuries during the fatal assassination attack on former premier, was not satisfied, thus our responsibilities had been added to. The AG said his statement could be recorded. The chief justice noted that such things gave birth to problems and then the judiciary was blamed. He said the appellant was strolling for the last two years, adding that his matter was of a serious nature. “Why don’t you take it seriously?” the chief justice asked the AG. He said according to the appellant, he did know better about the incident because he was there and received injuries. Justice Tariq Parvez noted that the appellant was saying at a mass level that he was not satisfied with the proceedings of the case before the trial court, so how was the government claiming to be satisfied with the trial.
He said why did the legal heirs of Benazir not get an FIR registered. The confused AG replied that her children and sister lived abroad.
The chief justice noted that country’s president was not satisfied with the trial of the case and wanted to know about its progress.
He recalled that President Asif Ali Zardari had asked the court, during his address to a public gathering at Garhi Khuda Bakhsh at the death anniversary of late Benazir Bhutto, that what had it done about the assassination case of Benazir. He said the president wanted to know about the progress into the case.
“Mr Attorney General, how do you see and what weight do you give to the statement of the president?” the chief justice asked the attorney general.
He said the president had said why no suo motu notice was taken into the matter, but now a regular appeal had come.
“Now you take instruction from the government, otherwise we know what the attitude of FIA with the court is,” the chief justice said, adding that there was no independent investigation agency in the country, thus the court might form a joint investigation team consisting of senior officials from all the provinces to investigate the case.
He said not only the case in hand, but there were other cases too about which the people wanted to know.
The CJ said Benazir’s case was a serious one and asked why the government was not giving it preference.
Appellant Chaudhry Muhammad Aslam, former protocol officer of Benazir Bhutto, told the court that he was trying to register a second FIR since July 8, 2009, but in vain.
To a court query that how had he decided to get registered a second FIR after two years of the incident, Aslam said he had been told earlier that the investigation was heading in the right direction.
He said it was necessary to know that who was present on the place of incident and “who fled in his vehicle at that time”. He said just after the incident occurred, many leaders disappeared from the crime scene, which was an important happening.
He also questioned the absence of cell phone jammers at the site.
