Judicial inquiry: Government needs to bear treatment cost of injured suspects

SHC had ordered a report into an alleged fake encounter that left a suspect limb-less

KARACHI: Suspects injured before their arrest or while in police custody should be treated at government or private hospitals at the expense of the state, which should also arrange for artificial limbs for victims who suffer disabilities as a result of torture by law enforcers, states a judicial report.

The report, obtained by The Express Tribune, was submitted to the Sindh High Court (SHC) recently and was authored by East District and Sessions Judge Faheem Ahmed Siddiqui, who was appointed as the officer to conduct the judicial inquiry into a 'fake' police encounter.

SHC Chief Justice Sajjad Ali Shah ordered in March this year an inquiry on a complaint made by a citizen, Iqbal Ahmed Alvi, who had sought action against the 'high-handedness' of officials at the New Town police station.

The complainant had alleged that the police had intentionally shot his son, Yousuf, and his friend after they refused to fulfill their alleged demand of illegal gratification. He said the police later pretended that the two sustained injuries in an encounter at Sharafabad Chowrangi on February 25 this year.

Iqbal had alleged that the police officials involved in the 'fake encounter' had intentionally delayed medical assistance to his son, which resulted in the amputation of his leg.

The accused police party included Ali Muhammad, head-constable Shahanshah, constables Muhammad Urs and Muhammad Ayub and head-constable/driver Javed Iqbal, according to the complainant.

The judicial officer, while submitting his report, concluded that no independent witness had appeared before him to depose against the police officials during the proceedings except one, who had also become dubious.

The judge concluded that both the injured persons had not been convicted by any court of law.

However, he said although the incident was not free from doubts, it could not be said with certainty that the police encounter was staged.

The report said it was established that after the incident, medical treatment was delayed on account of non-arrangement of funds by the relatives of the injured, which is tantamount to "criminal negligence on the part of police as well as the state".

"Under the law, it is the duty of the state to provide all sorts of medical assistance to an accused after his legal arrest," the judge stated in his report.

The report stated further that the injured person needed timely treatment by a vascular surgeon, which could not be provided to him.

The inquiry officer opined that in order to avoid such a situation in the future, the government should make arrangements so that, at least in all civil hospitals in the divisional headquarters, qualified and trained vascular surgeons are made available to such victims.

He also suggested that in all those cases in which an accused receives bullet injures in any of his or her limbs, they should be taken to hospitals (either government or private) where facilities of vascular surgeries are available.

"All the expenses of the necessary treatment of any person, who is in custody, should be borne by the government," the inquiry officer suggested to the SHC.

Concluding the report, the officer also said that "artificial limbs should be provided by the government to all those persons who lose their limbs due to ailment or injuries caused during or just before custody."

Published in The Express Tribune, July 25^th, 2016.