Guard’s murder: FIA blames Islamabad police for losing vital evidence

SC saw accusations fly against Islamabad police for criminal negligence.


Azam Khan April 10, 2012

ISLAMABAD:


Evidence linked to the murder of a security guard has “vanished” due to the negligence of the Islamabad police. This was revealed by the Federal Investigation Agency (FIA) chief in his testimony before the Supreme Court on Monday. FIA Director-General Javed Iqbal held the Inspector General of the Islamabad Police (IGP) Bani Amin responsible for the negligence.


“Though I have not mentioned this fact in the investigation report yet, I will fix criminal liability against the responsible police officials in the final report,” the FIA chief told the court.

Responding to a query from the bench, Iqbal said, “At the time [when the important evidence was available], it was possible to conclusively fix responsibility for the murder.” He said that the culprits could easily have been arrested, but the evidence just “vanished” from the scene of the crime.

There was total lethargy and negligence on the part of police officials including the IGP, who did not follow proper procedures or ensure a transparent investigation, Iqbal told the court. “The medical officer’s post mortem report was also misleading,” he said in his prima facie statement.

Justice Tariq Pervez observed that in case direct evidence is not available, constructive liability could be fixed. The chief justice observed that in many cases people were tried and convicted based on circumstantial evidence.

Justice Khilji Arif Hussain was bemused by the fact that Rs26 million in “financial assistance” was paid to the widow of Defence Housing Authority (DHA) security guard Raja Fayyaz Ahmed by a stranger, Bahria Town Chairman Malik Riaz Hussain, even though he was not an accused in the case.

FIA’s Legal Director Azam Khan earlier informed the bench headed by Chief Justice Iftikhar Muhammad Chaudhry that a six-member probe team has been set up. The court was unimpressed by the FIA’s interim report and asked the agency to produce more conclusive findings.

Chief Justice Chaudhry said that murder is a criminal act and despite the police’s failure, the court would not hush up the case. However, after the FIA chief provided his testimony, the court appreciated his professional conduct and extended more time for the completion of the investigation. “We are adjourning this case till May 7 and will extend the time further if you are unable to complete your task,” the chief justice said.

During the last hearing, IGP Bani Amin, who was tasked with the inquiry on February 1, informed the court that he found 15 officers guilty of not running a transparent investigation. He said he had “dismissed nine station house officers (SHOs) and recommended the suspension of six deputy superintendents of police (DSPs),” to which Chief Justice Chaudhry replied, “IGP Amin, we know that the police are not working independently, but even then, it is your duty to honestly enforce the law. You have failed, and your investigation team has failed to properly close the case. We know that transferring the case to another agency will demoralise you, but we want the law to prevail and will not allow dishonesty.”

SC refers around 50 land dispute cases to LHC

The SC transferred around 50 land dispute cases involving Bahria Town to the LHC.

Published in The Express Tribune, April 10th, 2012.

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