The Baloch Hal Exclusive: Full Text of Balochistan High Court Proceedings in Nawab Bugti Murder Case

IN THE HIGH COURT OF BALOCHISTAN, QUETTA.

C.P.No.311/2011
Nawabzad Jameel Bugti   Vs.     Secretary Home & Tribal                                                         Affairs Department, Quetta.

23.05.2011      M/s H. Shakil Ahmed, Sohail Ahmed Rajput, Saifullah Khan Magsi, Adnan Khan Kasi, Muhammad Naveed, Wajahat Ghaznavi, Advocates.
Malik Sikandar Khan, DAG.
Mr. Nasrullah Achakzai, Addl: A.G.
Mirza Walayat Hussain, Addl: Secy: (Judl:) Home Department.
Malik Sher Afzal, SP Crime Branch, Quetta.
Mr. Muhammad Qasim, DSP Crime Branch, Quetta.
Mr. Muhammad Hassan Kakar, PDSP Crime Branch, Quetta.
Sardar Khan, I.P.
Mr. Ali Ahmed, S.I/I.O Crime Branch,                            Quetta.
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Barrister Saifullah Magsi files Vakalatnama on behalf of the petitioner.  Mr. Nasrullah Achakzai, learned Additional Advocate General (“AAG”) files what he describes as report, which refers to a “high level meeting” held on 21st May, 2011 of the Chief Secretary, Secretary Home & Tribal Affairs Department, Advocate General, Provincial Police Officer and other police officers, wherein it was decided, that, the “federal government may be asked to constitute a judicial commission to probe into the tragic incident of martyred Nawab Muhammad Akbar Khan Bugti”.  It is further stated that the Chief Secretary has directed the police authorities to “carry fair and transparent investigation and take all necessary measures in accordance with law and relevant rules and submit the challan before the competent court of law after completion of all legal formalities”.
Learned AAG also files comments of DSP Crimes Branch which states that till date he has not been handed over the case file and as such no progress report in the case could be presented.
As regards constitution of a judicial commission as sought by the Provincial Government learned counsel for the petitioner states that there was nothing preventing the Provincial Government to constitute such a tribunal itself under the Balochistan Tribunals of Inquiry Ordinance, 1969 and such tribunal is not a substitute for the investigation that is required to be conducted pursuant to Section 156 read with Chapter XXV of the Police Rules, 1934.
Learned counsel for the petitioner states that it is the principal duty of the State to investigate crimes, however, despite lodging of FIR pursuant to the order passed in Criminal Revision No. (s) 37 of 2009 dated 7th October, 2009 nothing whatsoever has been done to investigate the crime recorded in the FIR No.26/2009 lodged at Police Station Dera Bugti.  Learned counsel further placed on record copy of order passed in Cr. Petition Nos.695 & 696 of 2009, whereby the order passed by this Court in Criminal Revision No.(s) 37 of 2009 was assailed, however, the petitions were dismissed by the Hon’ble Supreme Court holding that, “we do not find any error in exercise of the jurisdiction by the High Court in ordering the registration of a criminal case so as to warrant interference in our Constitution Jurisdiction”.
Learned counsel for the petitioner further states that the principal accused nominated in the said FIR is General (retired) Pervez Musharraf and no effort has been made to seek his extradition. In this regard learned counsel has relied upon The Extradition Act, 1972 and in particular Section 15 thereof.  Learned counsel states that General (retired) Pervez Mushaffar has been visiting countries including United States of America, Saudi Arabia, Switzerland and Turkey with which countries Pakistan has entered into an extradition treaty and the offence of murder is an ‘extradition offence’ as defined in the said law.  It is contended that requisition for the surrender to Pakistan of a person who is accused of an extradition offence can be sought in the manner as stipulated in Section 15 of The Extradition Act, however, the requisition in this regard has not been issued by the Federal Government nor requested by the Provincial Government from the Federal Government.   Learned counsel for the petitioner further states that in respect of any person who is suspected of committing an offence request by the Ministry of Interior can be made for issuance of red warrant executable by Interpol.
Learned AAG seeks time to take instructions whether the Government of Balochistan will be calling upon the Federal Government to invoke its powers under Section 15 of The Extradition Act, 1972 for seeking requisition of the nominated accused who are not in Pakistan.  We enquired from learned DAG whether the Federal Government in exercise of its powers under Section 15 of the Extradition Act, 1972 wants to seek extradition of the accused who are not in Pakistan, including General (retired) Pervez Musharraf and also place on record whether till date any requisition pursuant to Section 15 or any other provision of law has been made seeking their extradition from the abovementioned countries and or any other countries.
Learned DAG sought time to file a statement with regard to the aforesaid matters by or before the next date of hearing.  He is also directed to submit statement whether red warrant has been sought from Interpol.
On the last two dates of hearing we had sought specific information from the respondents to disclose the name and the designation of the persons(s) conducting the investigation, copies of the statement, if any recorded, material collected and what steps have been taken to arrest the nominated accused, unfortunately compliance with the order has still not been made.  Learned AAG states that he will be positively filing such information by the next date of hearing.
It is clarified that the pendency of this petition does not prevent the competent authority from investigating the said crime.
Office is directed to send a copy of this order to the learned AG and DAG.

By consent adjourned to 07.06.2011.
Sd/-
Chief Justice
Sd/-
Mr. Justice Muhammad Hashim Kakar.