Murtaza Bhutto

Mr Nadeem submitted that the question of harm or no harm is not relevant,
but the precise question is whether the court has such powers in a case which
is under investigations by the police and whether the law permits such course
of action.
On further inquiries from the court as to the relevant law, Mr Nadeem
submitted four cases of the apex court including the Privy Council beginning
from 1945 to 1994, wherein the Privy Council and the Supreme Court of
Pakistan have disapproved such course of action and directions.
After hearing K. M. Nadeem, the court observed pointing out to Mr Pirzada
that the legal objections raised by the AAG requires application of mind and
this would amount to writing more than one judgement in one petition and,
therefore, either Mr Pirzada file a separate petition for such purpose,
particularly when the interim relief claimed in this interlocutory application
is not germane to the main petition and the relief claimed therein.
Mr Pirzada submitted that the consideration of his miscellaneous application
may be deferred till the main petition was heard and decided by this court
and in case he succeeds in this petition, he will press this application at that
stage.
The hearing then resumed on the main petition in which registration of FIR is
requested for.
The main thrust of the argument was that one Nur Mohammad was present
at the time of incident who escaped from the police and informed the
petitioners about the incident whereupon on Sept 21, Abdullah Baloch along
with another person went to the Clifton PS to lodge a report but the same was
declined by the SHO on the ground that this report is against the police and
therefore it cannot be registered.
Under these circumstances, a telegram was sent to the Chief Justices of
Pakistan and the High Court of Sindh saying the conduct of the police officers
is violative of Article 4 and Article 25 of the Constitution and he is seeking
enforcement of his fundamental rights to get a case registered which is the
mandatory obligation of the police and that the court in such circumstances is
quite competent to issue a direction in the nature of mandamus.
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