KARACHI: Dr Zulfikar Mirza, a disgruntled leader of the Pakistan Peoples Party who was recently booked in a series of criminal cases, suffered a setback in his legal battle with the authorities on Thursday when an antiterrorism court (ATC) threw out his pleas seeking replacement of the investigation officer (IO) and recording of his statement either at his residence or in court.
ATC-1 Judge Bashir Ahmed Khoso, however, directed Dr Mirza to appear before investigators at the Darakhshan police station, situated near his residence in Defence Housing Authority whenever they called him.
Also read: Fehmida hits out at PPP govt, fears for Dr Mirza’s life
Dr Mirza, represented by Advocate Ashraf Samoo, had moved the ATC against the IO of three cases registered against him stating that he had no confidence in the officer.
He was issued a notice by Crime Branch SSP Shahjehan Khan to appear before him at his Jamshed Quarters office to record his statement.
However, the former home minister declined to comply with the direction and insisted that the police come to his place for the purpose.
In his application, Dr Mirza said there were serious threats to his life from different concerns, therefore, he was unable to go to Jamshed Quarters or anywhere else.
The applicant said that police intended to call him from time to time on the pretext of investigation with ulterior motives.
Special Public Prosecutor Muhammad Khan Buriro had vehemently opposed both pleas of Dr Mirza contending that the police could not act according to the will of suspect. He said Dr Mirza was bound by the law to appear before police. However, the prosecutor said, if he had apprehensions in going to the Jamshed Quarters, the investigators could go to the police station near his residence but not to his home.
The SPP also argued that the court had no powers to transfer the investigation of the case because it could not interfere into the course of investigation.
He also contended that all citizens had equal rights under Article 25 of the Constitution and Dr Mirza was not above the law.
The prosecutor told the judge that the authorities could not take the risk of sending a police officer to Dr Mirza’s residence where the private army of the suspect could manhandle him.
Dr Mirza, booked in cases pertaining to attempt to murder, rioting, looting and damaging public property under the Anti-Terrorism Act, 1997 at a Badin police station, is out on interim bail in all the cases till May 19.
Granted bail in one case
Meanwhile, Dr Mirza was granted anticipatory bail by a district and sessions court in a newly registered case against him at Arambagh police station.
In his bail application, Dr Mirza said he apprehended arrest as he was being accused of climbing atop an armoured personnel carrier (APC) and threatening police officers, who tried to stop him from doing so, outside an ATC.
The District and Sessions Judge, South, Ahmed Saba, granted Dr Mirza pre-arrest bail till May 30 in a sum of Rs100,000.
HYDERABAD: In a separate case lodged by a trader, Taj Mohammad Mallah, Dr Mirza was asked to appear before Hyderabad SSP Irfan Baloch at 10am on Friday (today) to record his statement, our staff correspondent in Hyderabad adds.
DSP Ahmed Qureshi is the investigation officer of the case registered in Badin but later shifted to Hyderabad by the inspector-general of police.
The IO is being assisted by SITE DSP Ashfaq Bajwa and CIA DSP Aslam Langah.
Mr Mallah has alleged that his employee had suffered bullet wounds during an attack on his shop by Dr Mirza and his supporters, who also snatched Rs3 million from the shop.
“We have formed a board for investigation of the case,” said SSP Baloch, adding that such a board was usually formed in such cases where provisions of the Anti-Terrorism Act were applied. He said he himself headed the board.
Published in Dawn, May 15th, 2015
On a mobile phone? Get the Dawn Mobile App: Apple Store | Google Play