Rao Anwar moves top court against Naqeebullah JIT

Review petition seeks removal of Sindh AIG as JIT head

Challenging the Supreme Court’s March 21 judgment, the Sindh Police’s former SSP Rao Anwar has expressed distrust of the joint investigation team (JIT) probing into the January 13 extrajudicial killing of a tribal youth, Naqeebullah Mehsud, in Karachi.

On March 21, a three-judge SC bench headed by CJP Mian Saqib Nisar ordered constitution of a five-member JIT team – to be headed by Sindh AIG Aftab Pathan – as the former SSP surrendered after playing hide and seek with authorities for over two months.

The bench had also dismissed a request made by Anwar’s counsel to include an intelligence agency official in the JIT. The court had told Anwar that it would constitute its own JIT and it directed the team to work independently.

However, Anwar has now requested the court to include official of intelligence agencies in the JIT, adding that such inclusion is mandatory under the Anti-Terrorism Act (ATA) 1997.

The review petition, filed by Shamimur Rehman on behalf of Anwar, also seeks the removal of AIG Pathan as the JIT head, adding that Pathan has already accused Anwar of committing various offences and it is beyond comprehension that he would be able to deviate from his opinion already recorded.

The review petition contends that section 19 of ATA says a JIT must comprise senior officials of police and intelligent agencies. Anwar claims the SC has appointed the same officer who had earlier supervised investigation into Naqeeb’s killing and accused Anwar of ‘staging’ the encounter.



The former SSP also accuses Sindh Police of ‘twisting’ facts.

It says the JIT is never comprised of only one agency as the same would militate against the very concept and purpose of constituting a JIT.  Fair and impartial investigation into the allegations raised by complainant in a criminal case is a fundamental right of the petitioner.

“Especially, in the instant case where the investigation team is not willing to investigate version of the petitioner regarding his non-involvement of alleged offence,” it adds.

“In view of the previous conduct of the Sindh police in conducting investigation in FIRs arising out of incident of death of four persons in police encounter, exacting statements from various persons and twisting facts to implicate the petitioner, entrusting investigation solely to the officers from the Sindh police under the supervision of the same officer who had earlier supervised investigation … would not be in consonance with constitutional principles of free fair and impartial investigation,” it says.

The former SSP has already given testimony in his defence, blaming his subordinates of staging the encounter. The JIT has reportedly been questioning Anwar about whereabouts of his team members.