Murtaza Bhutto

MURTAZA'S SERVANT EXAMINED
KARACHI, Jan 1, 1997: Asghar Ali, 24, a personal servant of the late Mir
Murtaza Bhutto, who was injured in the Sept 20 incident at Clifton, who is
both accused and a complainant, was examined in jail premises by the deputy
commissioner, South, under Section of 164 CrPC. The examination was under
protest by the counsel representing Major (retd) Masood Sharif, former
director-general of Intelligence Bureau, and others. Sharif was represented by
Syed Amjad Ali Shah.
Asif Zardari was neither produced in jail for being present at the time of
recording of Asghar's statement, nor his counsel was present. The third
accused, Abdullah Shah, former chief minister, was not present but his
counsel, Azizullah K. Shaikh, was present. The DIG Karachi Range, Dr Shoaib
Suddle, and two ASPs, Rai Tahir and Shahid Hayat, were present, but they
were un- represented. The other 11 accused policemen, including ASI Abdul
Basit, and 10 head constables and constables were also present but only two
of them were represented by Shaikh Liaquat and Ibn Abdullah Jafri.
The counsel for Masood Sharif and Abdullah Shah participated in the
proceedings under protest which was recorded by the deputy commissioner.
Their protest was that a statement under Section 164 of CrPC (statement of
the accused or witness recorded before a magistrate) cannot be recorded by
an executive of the government but only by a judicial magistrate after the
separation of judiciary.
Amjad Ali Shah and Azizullah Shaikh filed written objections, saying only a
judicial magistrate having exclusive jurisdiction can record such statements
and the district and sessions judge (South) had already nominated Ms
Rashida Siddiqui, a judicial magistrate, to record such a statement. They also
maintained that under the law such statements should be recorded in open
courts and not in jail, and the statement of Asghar Ali should also have been
recorded in an open court. The deputy commissioner while overruling the
objections of the counsel said it was being done in view of the law and order
situation, to which the counsel maintained that the accused have been
produced in courts for police or judicial remand and in this case how the
situation has altered.
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