KARACHI, Jan 5: The Sindh High Court adjourned on Thursday the hearing of an application moved by former federal minister Asif Ali Zardari for continued exemption from personal appearance in the Murtaza Bhutto murder case and against issuance of a non-bailable warrant for his arrest to ensure his presence at the trial.

The non-bailable warrants were issued by the district and session court of Karachi East after dismissal of Mr Zardari’s plea for exemption from personal appearance before the court on Dec 19.

A criminal revision application against the sessions’ order was moved by Advocate Azizullah K. Shaikh. It came up before vacation judges but could not be considered due to non-availability of the special public prosecutor, M. Ilyas Khan, who is conducting the case in the trial court. Justice Qaiser Iqbal, who took up the application on Thursday, could also not proceed as the court was informed that both the prosecution and defence counsel were busy before the Supreme Court. January 16 was fixed as the new date.

Mir Murtaza Bhutto, brother of Benazir Bhutto and Chairman of Pakistan People Party (Shaheed Bhutto), was killed along with seven others, including his close aide Ashiq Jatoi, on Sept 20, 1996, near his Clifton residence in an alleged police encounter. Mr Zardari and the then chief minister, Abdullah Baloch, are named as accused along with a number of police officers.

Imtiaz’s petition: The hearing of a petition moved by former revenue minister Imtiaz Ahmed Sheikh and his brother was on Thursday adjourned to Jan 17 for arguments on its maintainability.

The ex-minister and his brother, Maqbool Ahmed Sheikh, complained in their joint petition that a number of cases had been instituted against them as part of political vendetta. The police were out to arrest them despite interim bail orders passed by the Sindh High Court. Their own allegations against the chief minister had been ignored by the various agencies.

The petitioners requested the court to transfer investigation into cases against them to the federal interior ministry. They also sought a writ against their arrest without prior permission of the high court. Likewise, no new case should be instituted against them without the court’s permission.

As the petition came up before a division bench, comprising Justices Anwar Zaheer Jamali and Nadeem Azhar Siddiqui, Additional Advocate-General M. Ahmed Pirzada argued that the petition was not maintainable under the law and the Constitution. The kind of blanket orders sought by the petitioners, the AAG submitted, could not be requested under the writ jurisdiction. The machinery of law, he argued, should be allowed to perform its functions and the petitioners could seek the relief prayed for from the trial courts, which were trying their cases under the various laws.

The bench observed that it would like to hear detailed arguments on the question of maintainability first. Advocate Fareed A. Dayo informed the bench that senior counsel Raja Qureshi would address arguments on behalf of the petitioners. The bench adjourned the hearing to Jan 17.

AFFIDAVITE SOUGHT: The Sindh High Court asked the Saddar Town police officer on Thursday to file a personal affidavit in respect of the custody of a detainee.

Petitioner Shabbir Ahmed alleged through Advocate Noor Naz Agha that two of his cousins were arrested by a police party in a raid on their house at Khairpur Nathan Shah, Dadu district, in place of his real brother, Mohammad Khan Jhakrani, who was contesting election for the office of naib nazim, union council Khan Jo Goth, Dadu, on Awam Dost ticket, on Nov 16, 2005.

He and other members of his family were informed by the police party that the detainees were being taken to Karachi for production before Saddar Town police officer Sanaullah Abbasi. When Jakhrani came to know of the arrests, he appeared before the TPO in Karachi and offered to surrender. The TPO freed the two detainees and took Jakhrani into custody. He had been in TPO’s custody since.

Mr Abbasi denied the allegations through Additional Advocate-General M. Ahmed Pirzada. The AAG informed a division bench, comprising Justices Anwar Zaheer Jamali and Nadeem Azhar Siddiqui, that the detainee was not in the TPO’s custody.

The bench declined to accept the TPO’s statement without oath. It observed that the allegations were too serious and specific to be denied by a bland statement. It asked the TPO to file a personal affidavit so that he could be subjected to cross-examination.

In the meantime, the petitioner was also asked to continue his efforts to find out the whereabouts of the detainee so that steps could be taken for his recovery. Further hearing was adjourned to Jan 9.

Seizure ordered: The Sindh High Court ordered the police on Thursday to seize a bus involved in an accident.

A rashly-driven bus of route 1-D allegedly run over and killed a pedestrian Zubaida Khatoon, while she was crossing the road at Guru Mandir on Dec 22, 2004. Her son, Nizar Ali, sued the owner and driver of the bus through Advocate Amir Maqsood for damages amounting to Rs 3.8 million under the Fatal Accidents Act.

The plaintiff expressed the apprehension that the vehicle might be removed or disposed of to frustrate a decree. Justice Maqbool Baqar, who heard the interlocutory application, asked the Jamshed Quarters police to take custody of the bus and directed the excise and taxation department not to register its transfer to a new owner.