Murtaza Bhutto

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To another question by the court, Mr Nadeem submitted that the latter part of Article 199 of the Constitution which requires that the high court may issue directions only in the absence of an adequate remedy doesn't bar the exercise of jurisdiction. It only regulates the manner and the occasion for exercise of such a jurisdiction and the relevant question for such an exercise has already been taken in the case law of the superior courts cited by him. The court pointed out that the other side maintains that the filing of a complaint is not equally effective and adequate as a report under section 154 Cr.P.C. Mr Nadeem submitted that this is a misconception inasmuch as a report under section 154 is made to a police officer, whereas a complaint is made to a court which is undoubtedly a superior forum with more powers than the police have and even while entertaining a complaint the court can direct the police to undertake investigations in terms of Section 156 (3) Cr.P.C. Lastly, he referred to a judgement of the SC reported in PLD 1966, page 708, and explained the case law by submitting that there was a conflict between a police case and a complaint case, concerning the accused persons involved in the case. In both cases the set of accused persons were different. The problem came before the SC for determining the mode and manner of trial and the SC has held hat the complaint case shall have primacy and prevalence upon the police case. If, after the trial, the accused listed in the complaint case are convicted, the police case would be quashed and in case the accused of a complaint case are acquitted, the accused named in the police case will be tried. Farooq H. Naek, deputy attorney general, began his arguments and pointed to a basic defect in the petition and said that no affidavits of the three persons alleged to have gone to lodge a report at the Clifton police station have been filed in support of the petition, whereas the petitioners themselves were neither eyewitnesses of the incident nor did they go to lodge a report. He further read out the contents of the FIR No. 399/86 lodged by Asghar Ali, an injured eyewitness, now in detention, and submitted that this FIR is complete inasmuch as there is a direct allegations against the police party to the effect that the police exceeded their powers and murdered Mir Murtaza Bhutto and his companions. He also submitted that the names of the accused persons are not mentioned specifically, but the same was not mentioned in the telegrams sent to the Chief Justice of Pakistan. He submitted that the proposed FIR is the result of technically trained mind wherein allegations are made after due deliberations Murtaza Bhutto; Copyright © www.bhutto.org 142
and persons have been named. The arguments would continue when the court rose for the day to meet against on Wednesday at 11am. Murtaza Bhutto; Copyright © www.bhutto.org 143
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PREFACE This book is based on the e
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Murtaza and Shahnawaz both cut shor
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The Tragic Death of Murtaza Bhutto
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could not have opened fire on the m
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DIFFERENT NEWS ITEMS RIGHT AFTER TH
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does not treat medico-legal cases.
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BENAZIR VISITS MID-EAST HOSPITAL KA
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NO COMMENTS FROM BENAZIR & NUSRAT O
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MURTAZA'S SUPPORTERS CLING TO THE C
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BULLET HITTING NECK WAS FATAL KARAC
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MURTAZA'S BODY TAKEN TO 70 CLIFTON:
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IGP POLICE ORDERS ENQUIRY KARACHI,
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GRIM SITUATION IN LARKANA LARKANA,
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NA CONDOLES DEMISE OF MURTAZA ISLAM
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ARRANGEMENTS TO DISPATCH BODIES OF
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occurred at the hands of police. He
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SON & BROTHER OF ELECTED PRIME MINI
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Anwer Pirzado Writes It was the gri
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HUNT FOR SONARA’S CLOSE ASSOCIATE
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MIR MURDER FIR AGAINST BB, ZARDARI
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POLICE LEFT VICTIMS DYING ON THE RO
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MEDICAL BOARD TO EXAMINE CLIFTON SH
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told me about the Palestinians and
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PLOTS TO FINISH OFF BHUTTOS STILL O
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TEN INJURED AS POLICE, RIOTERS CLAS
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PM, ZARDARI INVOLVED IN MURTAZA'S M
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PM ASKS FOR A HIGH LEVEL FIA PROBE
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TEN INJURED AS POLICE RIOTERS CLASH
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SHO’s FOOT WOUND- SELF INFLICTED
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COMPLETE STRIKE OBSERVED IN KARACHI
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PM HOLDS A MEETING WITH TOP OFFICIA
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MURTAZA'S KILLING FINDINGS TO BE MA
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GHINWA TO MOVE SHC TO GET CASE REGI
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SUSPENDED: KARACHI, Sept 25, 1996:
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PPP (SB) CALLS FOR STRIKE TODAY KAR
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action against the police officials
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Mir Murtaza Bhutto and others, and
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equest in this regard. However, the
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other benefits as Sial was about to
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present state of social, economic a
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SELF-INFLICTED INJURIES PAKISTAN'S
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arrows. But having gone through a l
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acquired in the last couple of year
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SIAL'S DEATH WAS A CASE OF HOMICIDE
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MEDICAL BOARD RESERVES FINDINGS IN
Page 92 and 93: SHC HEARS GHINWA, BADRUNNISA PETITI
Page 94 and 95: ASP HAYAT'S STATEMENT DEEPENS MYSTE
Page 96 and 97: police party took the entire operat
Page 98 and 99: The PPP secretary-general said the
Page 100 and 101: MURTAZA'S DEATH WAS ACCIDENTAL, SAY
Page 102 and 103: SHC HEARS ARGUMENTS ON FIR REGISTRA
Page 104 and 105: The arguments were continuing when
Page 106 and 107: The court was about to rise for the
Page 108 and 109: HOME SECRETARY, IGP, DIG TO RECORD
Page 110 and 111: ELEVEN COPS HELD IN MURTAZA CASE Mo
Page 112 and 113: GHINWA VOWS TO UNMASK KILLERS LARKA
Page 114 and 115: MURTAZA'S KILLERS TO BE BROUGHT TO
Page 116 and 117: POLICE TAKES REMAND OF 11 COPS IN M
Page 118 and 119: GHINWA'S LAWYER ACCUSES CM, BABAR,
Page 120 and 121: Q: Who informed you? HS: I was atte
Page 122 and 123: Q: In the daily reports of Septembe
Page 124 and 125: HS: Neither myself nor the home dep
Page 126 and 127: The DIG then told me that he was be
Page 128 and 129: IG: No. Q: Are you aware of any suc
Page 130 and 131: Q: Is it correct that in the two-mo
Page 132 and 133: The Chief Minister Syed Abdullah Sh
Page 134 and 135: September 18. To a question, he sai
Page 136 and 137: Q: When the SSP brought to your not
Page 138 and 139: A: The orders remained in force exc
Page 140 and 141: ARGUMENTS ON ISSUE OF THIRD FIR CON
Page 144 and 145: EXPERTS MAY EXHUME MURTAZA’S BODY
Page 146 and 147: INQUIRIES AGAINST POLICE BUT NO ACT
Page 148 and 149: Q: Who controls the Rangers? A: The
Page 150 and 151: Q: Is it correct that the raids con
Page 152 and 153: The tribunal's hearing concluded at
Page 154 and 155: The DIG said he had given these ins
Page 156 and 157: The DIG produced the standing order
Page 158 and 159: DURRANI SAYS SUDDLE OKAYED THE OPER
Page 160 and 161: According to information provided t
Page 162 and 163: people named by Ali Sonara as, acco
Page 164 and 165: "I made it a point to be there much
Page 166 and 167: A: APC could not have stopped it an
Page 168 and 169: SHARIF, SUDDLE, DURRANI, 7 COPS NAM
Page 170 and 171: DURRANI HELD IN MURTAZA CASE By Moh
Page 172 and 173: TWO ASPS GRANTED INTERIM BAIL BEFOR
Page 174 and 175: III. That on return from said publi
Page 176 and 177: SUDDLE GRANTED PRE-ARREST BAIL KARA
Page 178 and 179: PRE-ARREST BAIL OF SHO ZEESHAN DISM
Page 180 and 181: CRIME BRANCH INTERROGATING IB CHIEF
Page 182 and 183: Question from Tribunal: Were you gi
Page 184 and 185: he has been conducting raids, but n
Page 186 and 187: Question from Manzoor Bhutta, couns
Page 188 and 189: DURRANI SHIFTED TO BUNGALOW KARACHI
Page 190 and 191: Tariq Road; Mohammad Rafique, 26, s
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pulling down late Ashique Jatoi fro
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MURTAZA WAS HOSPITALISED IN CRITICA
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A: For medico-legal purposes we wer
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Tribunal: Why didn't you ask your h
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Bhutta for Dr Memon; and Nadeem Qur
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ALLIANCE: In reply to a question, M
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Murtaza Bhutto; Copyright © www.bh
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DETECTIVES HINT AT CONSPIRACY IN MU
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Tribunal: Since when this policy wa
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A: I did neither see any police veh
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Q: When you went to the place of in
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A: I received two reports from the
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Q: On what charges you arrested him
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A: There might be about 10-15 blind
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A: No, I was not among them. Only o
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Another SHO involved in the case, Z
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WE TOOK PHOTOS BY DODGING THE POLIC
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At the end, Justice Nasir asked whe
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At this stage, witness Mohammad Ali
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Q: Who identified Ashiq Jatoi's bod
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A: The SDM, SSP, DIG and other seni
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ackground of his presence at the sc
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MIR HAD LITTLE CHANCE OF SURVIVAL W
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heart revived which is a rare pheno
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A: None. This is the first time tha
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A: I was not told of any such thing
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A: Yes, but till about 2 am to 3:30
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A: The mood of the crowd was anti-p
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HOW SEVEN SDMS COULD FAIL TO FIND T
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said he received the information ab
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with the police and abused them and
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GHINWA RELEASES PARTY MANIFESTO LAH
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I WAS NOT TOLD BY POLICE BEFORE THE
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A: An emotion-charged crowd of 2,00
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The witness, who was in his room at
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lying near a vehicle, which was inj
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HOW 7 SDMS COULD FAIL TO FIND THE D
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not available, when I contacted aga
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time then was about 10:30 pm. There
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FOUR POLICEMEN BROUGHT MIR & LEFT I
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Q: Any reason for not publishing at
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Majeed had registered the complaint
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Another MLO, who was examined earli
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A: The questions were about the bor
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MIR MAY HAVE SURVIVED KARACHI, Dec.
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Q: Do you agree that the post-morte
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ody. On a question from the tribuna
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and victimisation of the PPP contin
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SIAL'S DEATH WAS HOMICIDE: MLO KARA
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A: It was done on Nov 28 after his
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ASIF ZADRARI AND OTHERS PRODUCED IN
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The court directed the police to le
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are non-professionals and unqualifi
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A: I did nothing. Q: What was the p
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authorized by the government. Only
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POSTMORTEM IS PRACTICALLY DONE BY U
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A: Yes. If they are asked to do it
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COURT REJECTS POLICE REMAND FOR ASI
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easily accessible, least dangerous
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Najam, current affairs producer. Th
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"We should have written as you are
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A: There are Prof. I. Jokhio, Dr. Y
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Asghar Ali, a personal servant of M
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MURTAZA CASE: WITNESSES SEEK TIME T
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TRIBUNAL DISSATISFIED WITH MEDICAL
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A. Shah, the SDM, which he denied l
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The counsel for Sharif and Shah sou
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Q: What reasons the two doctors gav
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Chairman: Was that a child's play.
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A: Our professional ethics do not p
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The witness was warned several time
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Q: Was the intention to replace the
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Shafi Quraishy, principal of DMC an
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Q: In your earlier statement before
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Q: Apparently you were told by some
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2. In the process of news gathering
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Q: The second report you signed was
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A: One of the four doctors, Dr Kari
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At that time, he said, he left the
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A: I don't nominate. I ask the addi
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The tribunal started its proceeding
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A: There was equal urgency in this
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A: I did ask them for putting the d
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College from Lahore. But the fact w
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Zulfiqar Ali, who were all posted i
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emergency. Ashiq Jatoi's friends an
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SPOT MEMO WAS NOT PREPARED ON THE S
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A: I made no mention about the pres
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Earlier, Karim Khan Agha, counsel f
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which were kept on record. Many off
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MIR HAD NAMED CONSPIRATORS HOURS BE
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A: During the MRD movement for eigh
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said they should have told him abou
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He had not made entries in the "Roz
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Q: Does Police Rules permit you to
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IO VIOLATED RULES TRIBUNAL EXAMINES
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A: No finger-prints were taken and
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A: He alone can answer that questio
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A: Photographs were not there when
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A: Yes. He had told me that Shukaib
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Q: Yesterday (Tuesday) when you app
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JUSTICE ZAHID ASKS REPORTER'S COUNS
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Chairman: We will also have to look
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Oct. 12 when he was informed by the
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practitioner, Dr S. M. A. Shah, in
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Q: Photographs are normally taken a
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This was because the then DIG Shoai
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office and insisted on the formatio
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UK DETECTIVES WERE PAID 200,000 POU
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A: In the meeting at my office ther
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A: We have no competent people and
Page 414 and 415:
MURTAZA BHUTTO TRIBUNAL PROCEEDINGS
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GHINWA FAILS TO APPEAR BEFORE TRIBU
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CLIFTON KILLINGS SUMMARY OF BRITISH
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Saddar was in the group of officers
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provide some independent evidence a
Page 424 and 425:
MQM government, Ghinwa Bhutto said
Page 426 and 427:
Sarfraz declined to offer any comme
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MURTAZA BHUTTO TRIBUNAL BHATTI TEST
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When Begum Nusrat Bhutto was unjust
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Syrian President's plane and it was
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tribunal consisted of Mr Justice Am
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As for Ms Benazir, she vehemently o
Page 438 and 439:
From then on Ms Benazir built an at
Page 440 and 441:
As it was evident from the actions
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A: During the unrest in Karachi, we
Page 444 and 445:
Naek. She started her evidence in E
Page 446 and 447:
and where. The phone bills of 70-Cl
Page 448 and 449:
She said on Sept 22, the president
Page 450 and 451:
GHINWA HOLDS POLICE RESPONSIBLE FOR
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which "my husband said I am attacki
Page 454 and 455:
Q: Did he tell you that he feared f
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that they had done so under the thr
Page 458 and 459:
AIG PLACES ON RECORD EVALUATION REP
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BENAZIR DENIES HAND IN MIR'S ARREST
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on behalf of the government of Sind
Page 464 and 465:
Q: Was there any animosity at that
Page 466 and 467:
A: I don't read Urdu newspapers. I
Page 468 and 469:
Q: Hakim Ali Zardari was not on goo
Page 470 and 471:
Q: Is it a fact that hot words were
Page 472 and 473:
Nawaz the then C-in-C.To her mind,
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spent on the investigation of the k
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A: I don't know. Q: Is it correct t
Page 478 and 479:
Q: Are you aware that Ali Mohammad
Page 480 and 481:
A 30 bore pistol recovered from Ghu
Page 482 and 483:
asked whether Mir had sand on his s
Page 484 and 485:
TWO SHOTS WERE FIRED FROM PISTOL KA
Page 486 and 487:
A: No. Q: The board constituted to
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answer to this question was sought
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then SHO of the Clifton PS, and Asg
Page 492 and 493:
Out of the nine FIR's registered un
Page 494 and 495:
The counsel said the Clifton police
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FOWZIA SUING GHINWA FOR FATIMA'S CU
Page 498 and 499:
to them let me write a letter to Fa
Page 500 and 501:
father. Then we got engaged and wai
Page 502 and 503:
Fowzia also asked Pakistan Link to
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