January 27, 2008	Sunday	Muharram 17, 1429

KARACHI, Jan 26: The tribunal has issued a non-bailable warrant for the arrest of a PPP worker, Abdul Ghani Baloch, who was driving the float carrying PPP chairperson Benazir Bhutto upon her homecoming on Oct 18.

Sub-inspector Shahadat Ali of the Bahadurabad police station appeared before the tribunal and testified that Mr Baloch refused to accept the show-cause notice and summon as according to him he could not appear before the tribunal without the permission of his party high command.

“The witness, who is a very important material witness, has chosen to absent himself without any lawful explanation and is deliberately avoiding attending the proceedings. In these circumstances, I am not inclined to take a lenient view,” said Justice Ghaus.

Dr Ghaus observed that the tribunal was fully competent under Section 4 to exercise the power of a civil court under the Code of Criminal Procedure. “Order 16 of the CrPC deals with the summoning and attendance of witnesses and in rule 10 of this order a procedure is laid down when the witness fails to comply with summons. Under Rule 10(3) this tribunal is competent to issue warrants either with or without bail for the arrest of such a person. This rule also provides other steps, including the attachment of property,” said the tribunal chief.

Issuing the float driver’s non-bailable warrant, the tribunal instructed its liaison officer, SSP Niaz Khoso, to ensure his presence in custody before the tribunal for recording a statement on the next date of hearing.

However, talking to Dawn, Senator Farooq H. Naek of the PPP said that he would approach the Sindh High Court for the dissolution of the tribunal. “We will file a constitutional petition against the proceedings of the tribunal.”