The petition has been filed based on the rule of laws which highlight that restriction in freedom of movement of an accused against whom an FIR has been filed, and the rights of an accused person.
The petition questions, whether registration of FIR in a criminal case is a sufficient reason to curtail a person's fundamental right of freedom, adding that whether it would not be appropriate that movement of a person facing trial is regulated by the trial court and is not completely barred.
The petition states that Anwar has performed his duties as a Senior Superintendent of Police (SSP) and has performed his duties selflessly.
Naqeebullah’s case: Rao Anwar given in police custody for one-month
The petition also maintains that Anwar was a victim of professional rivalry and "a vilification campaign was launched against him for the murder of Naqeebullah Mehsud."
The petition maintains that the former SSP wishes to perform Umrah subject to the removal of his name from the ECL. Anwar has undertaken in the petition that he will continue to attend the trial regularly.
"His movement abroad will not cause any hindrance, delay, or impediment in the proceedings of the court," the petition states.
Anwar in his petition to the top court states that mere registration of an FIR or a pending criminal trial is not a valid reason to place the name of the accused person in the ECL.
After the inquiry committee probing the killing of Naseebullah Mehsud in an alleged fake police encounter declared his death to be an extrajudicial killing, the victim’s family registered a case against former District Malir police chief SSP Rao Anwar and his entire police party.
SSP Anwar had claimed that on January 13, Naseebullah and three other suspected terrorists were killed during an alleged encounter in the Shah Latif Town of Karachi. Anwar had claimed that the terrorists were affiliated with the Tehreek-e-Taliban Pakistan and Islamic State, but his claim failed to hold up after the family of the Naseebullah identified him and claimed that his death constituted an extrajudicial killing.
Botched escape: Officials who facilitated Rao Anwar identified
The suspended police official was granted bail in July by an anti-terrorism court in a case pertaining to the use of illegal arms and explosives in the fake encounter which killed Waziristan native Naqeebullah.
The accused’s counsel submitted a surety bond of Rs1 million. After formalities were completed.
Former SSP Malir Rao Anwar whose name had also been placed on the Exit Control List (ECL) by the Ministry of Interior after the directives of the Supreme Court of Pakistan, also holds an Iqama of the United Arab Emirates (UAE).
Sources in the Federal Investigation Agency (FIA) said that the law enforcement agency discovered ‘Iqama’ or ‘Residence’ of UAE from him which had been issued on the name of Anwar Ahmed Khan.
The ‘Residence’ of his in UAE has the issuance date of October 9, 2017, which was valid till October 8, 2018.
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