Murtaza Bhutto

HEARING OF GHINWA'S PLEA PUT OFF TO 29TH
KARACHI, Oct. 23, 1996: The hearing of the petition of Ghinwa Bhutto and
Badrunnisa Jatoi resumed on Wednesday before a division Bench of the High
Court of Sindh.
Abdul Mujeeb Pirzada, counsel for the petitioner, started arguments in
support of the petition on behalf of the petitioner, Badrunnisa Jatoi, and
submitted that the provisions of Section 154 Cr PC are mandatory and the
police were duty-bound to register the FIR as being proposed for such
purpose.
The refusal of the police to register the FIR was contrary to the law and was
violative of Articles 4 and 25 of the Constitution, inasmuch as the petitioner
was entitled not only to dealt with in accordance of with law but is also
entitled to equal protection of law, he said.
In support of his arguments, he cited several reported judgements of the High
Court of Sindh, Lahore High Court and Supreme Court of Azad Jammu and
Kashmir wherein directions were issued by the superior courts to register
such FIRs. He further submitted that lodging of the direct complaint in the
case is not equally efficacious and that the relevant provisions are
supplementary provisions and cannot be substituted for Sections 154 Cr PC.
He also analysed the jurisdiction of the court in terms of Article 199 of the
Constitution and submitted that the high court has all the powers to pass any
order or directions in the case in the interest of justice.
Mujeeb Pirzada also referred to Article 184 (3) of the Constitution where
under the Supreme Court of Pakistan has all the powers to pass any order for
the enforcement of fundamental rights and submitted that similar powers are
also available to the high courts under Article 199 of the Constitution. He
referred to the FIR No. 399/96 stated to be registered on the report of Asghar
Ali, a personal servant of Mir Murtaza, and submitted that this document is
incomplete in the application of the offences whereas the proposed FIR of the
petitioner disclosed commission of other offences as well which don't find
mention in the registered FIR and, therefore, he pleaded that the petition be
allowed and directions be issued to the police for registration of the cases on
the basis of the proposed FIR.
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