KARACHI : Mumtaz Bhutto released on bail
KARACHI, Jan 5: Mumtaz Ali Bhutto, chief of the Sindh National Front, returned home on Monday evening after he was enlarged on bail by a judicial magistrate against a surety bond of Rs50,000.
The police had arrested him in his hometown Larkana on Jan 3 after he was booked in connection with an attack allegedly made by his party activists on a Sindhi newspaper’s office in Clifton and threatening its staff with dire consequences for not publishing an article by the SNF chief. He was shifted to Karachi the same day and later admitted to the National Institute of Cardiovascular Diseases on the Sindh High Court’s order.
The general secretary of the Karachi Bar Association, Naeem Qureshi, moved a bail application of behalf of Mumtaz Bhutto in the court of civil judge and judicial magistrate (south) Syed Nadeem Hussain Shah.
The judge pronounced the order after recording arguments from both sides.
The applicant’s counsel said his client was innocent and was being victimised on political grounds.
He further submitted that all the sections in the FIR were bailable, except Section 506-B, but it was not covered within the prohibitory clause of Section 497 (II) of the Criminal Procedure Code as the applicant was in Larkana when the incident took place. He added that the applicant was a big political figure and the complainant nominated him in a false case to seek publicity in the media with a mala-fide intent while the case was registered with a delay of 10 hours.
He concluded that no independent witness was cited in the FIR regarding the commission of the alleged offence, which was a clear violation of Section 103 of the CrPC, and pleaded for allowing the application. The public prosecutor did not oppose the plea.
Earlier, the same court remanded Mr Bhutto in judicial custody till Jan 11. The investigation officer sought the physical remand by arguing that the investigation was incomplete and the suspect’s interrogation was needed to arrest the other culprits. The suspect’s counsel strongly opposed the plea and said his client was a former governor and chief minister of Sindh, and an aged person while the prosecution did not produce any evidence before the court to link him with the offence.
In the meantime, the bail application was moved. The prosecutor sought time to study the case. But the applicant’s counsel showed strong resistance and asked the court to take up the plea for arguments as, he said, it was in the interest of justice. At the same time, the public prosecutor, in a sudden change of heart, agreed to argue the bail application, but did not raise any objection to the petition.
Mr Bhutto was not produced in court due to his illness and a medical certificate issued by the National Institute of Cardiovascular Diseases was submitted in the court to seek exemption from personal appearance.
A case (FIR 01/09) was lodged under Sections 147, 148, 149, 506B, 452, 504 and 109 of the Pakistan Penal Code on a complaint of Dr Khair Mohamamd, managing editor of the daily Awami Awaz, at the Frere police station.
According to the FIR, around 30 to 35 men carrying weapons entered the office of the Awami Awaz on Jan 2 and allegedly scuffled with staff and later threatened them with dire consequences and used abusive language for not publishing an article written by Mr Bhutto.
They said the SNF chief had sent them to teach a lesson to the newspaper staff, as he had done it in the past to other newspapers as well, it added.
The staff members had identified three persons as belonging to the SNF, Anwar Gujjar, Ayub Unar and Razzaq Bajwa, the FIR said.
Supporters and workers of the SNF present in the court chanted anti-Zardari slogans after the bail order.
Quashment plea
A division bench of the Sindh High Court adjourned to Tuesday morning a petition moved on behalf of Sindh National Front Chairman Mumtaz Ali Bhutto for the quashment of a criminal case against him.
The case, registered by the Frere police station, says that Mr Bhutto sent his party men to the office of the Sindhi-language daily, Awami Awaz, to threaten and intimidate its staff and editor for not publishing an article written by him on the late prime minister Benazir Bhutto’s assassination.
The incident occurred on Jan 1 evening and Mr Bhutto was arrested at his residence in Mirpur Bhutto, Rato Dero taluka, Larkana district, on Jan 3 and brought to Karachi. He was shifted to the cardio-vascular hospital after an interim order passed by Justice Gulzar Ahmed in the meanwhile on a petition moved by Ali Haider Bhutto, the detainee’s son, through Advocate Abid S. Zuberi.
The petitioner said his 74-year-old father had served as provincial governor, chief minister, federal minister and national and provincial assembly member several times and was being subjected to political victimisation for his views against the present rulers. There was no evidence to connect him with the commission of the alleged offence. He did not know the people alleged to have visited the newspaper office and could not be implicated in a crime only because they claimed to have been sent by him.
He respected the freedom of the media, which often elicited his views on matters of importance. The FIR was illegal and mala fide and the proceedings against the accused ought to be quashed in the interest of justice, the petitioner said.
As the petition came up for hearing before a division bench comprising Justices Gulzar Ahmed and Syed Pir Ali Shah on Monday, Advocate-General Mohammad Yusuf Leghari and Assistant AG Adnan Karim Memon questioned the maintainability of the petition. The accused, the AG said, would be produced before a judicial magistrate for remand and it was for the JM to see whether a prima facie case against him was made out. The high court could not interfere with the process of investigation by police, which might discharge him after a preliminary inquiry. The government wanted to protect the media from threats and intimidation and that was why proceedings against the accused were initiated. The alleged offences were cognizable and carried a jail term of up to seven years. The law officers requested the court to dismiss the petition and let the police inquiry proceed.
The bench asked the petitioner’s counsel to meet the objections raised by the AG, and adjourned further hearing to Tuesday.