Criminal trial recommended against club officials in child drowning case

Investigating officer also implicated in prosecutor's report


Z Ali October 25, 2017
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HYDERABAD: In a controversial case of the death of a school boy in a Hyderabad club, a community club of Sindh Sports Board, a public prosecutor has recommended criminal trial of officials and staff of the club and a policeman.

The Deputy District Public Prosecutor Abid Hussain Khamisani in his report submitted last week asked to insert sections 302, 34 and 201 of the Pakistan Penal Code (PPC) in the existing FIR, nominating nine people.

Inder Vanit Hotwani, an 11-year-old who died as a result of drowning in the club's swimming pool, was pronounced dead on April 22 after spending nine days in a hospital in Karachi.

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Dr Chetan Das Hotwani, father of the deceased, lodged an FIR on May 2 against unidentified individuals at the GOR police station. Subsequently, a petition in the Sindh High Court (SHC) was filed and an investigation by a joint interrogation team was also conducted on SHC's order.

In the report, the prosecutor has requested the court to charge the director  of the Sindh Sports Board, club's administrator, Mushtaq Ahmed Memon, district sports officer, computer operator, swimming trainer, two life guards and another staff member in the FIR. Inspector Ali Muhammad Mughal, who was the station house officer at GOR police station at the time of the incident, is also included among the persons recommended for the criminal trial.

The report noted that though the closed circuit television (CCTV) camera footage showed the boy entering the club and later his dead body being carried out of the premises, the recording of the actual incident was deleted. Even the statements of the employees Umair, Qaisar, Mohsin, Hassan, Ami and Noman show that the central part of that CCTV recording was available but was later overwritten or deleted.

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The report also pointed out that the act of deleting what could have been potential evidence of an alleged crime has been established under Section 201 of the PPC, which pertains to disappearing evidence of an offence and is punishable with upto seven years in imprisonment.

The report brought on record that a similar incident happened with Advocate Mir Shahzad Ali's son Mir Haider in 2015, and that the lawyer wrote to the club in August 2015 identifying flaws in that regard. "No precautions were taken by the administration," he said.

The report implicated the inspector for failing to investigate the case in a timely manner and seize the recording of the CCTV footage. It also pointed out that the administration and staff failed to fulfill their duties responsibly.

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