Rangers killing case: Defence asks for investigation report, which it says prosecution is ‘suppressing’

It could have some points that go in favour of the accused.

KARACHI:

The defence in the Sarfraz Shah murder case have asked the court to tell the prosecution to provide a copy of an investigation report, which they argue is being "suppressed".

A joint investigation team (JIT) was tasked with looking into the circumstances and facts of the murder that took place on June 8. Six Rangers men are standing trial along with a civilian in the high-profile case that the Supreme Court took notice of.

Judge Bashir Ahmed Khoso of the Anti-Terrorism Court I is hearing it on a day-to-day basis.

The defence maintains that DIG Sultan A Khawaja, who has been specially designated and entrusted with the investigation as an investigating officer, had submitted the JIT report to the Special Public Prosecutor (SPP) who they maintained was "suppressing" it to the detriment of the accused.

The SPP opposed the defense's application and said that in the presence of suo motu action and an order passed by a five-member bench of the Supreme Court of Pakistan, a JIT report or any other becomes irrelevant.

Several forces and people are trying to defy the order passed by the Chief Justice of the Supreme Court, submitted the prosecution, asking the court to reject the defense's request.

The SPP said that the JIT report was not part of the trial and was not discussed in the charge sheet. Thus such a request was unwarranted. He also contended that the charge sheet on the basis of the JIT report was submitted before the administrative judge of the ATCs and was sent to a trial court under the relevant section of the anti-terrorism laws of 1997.

At one stage during the trial, DIG Khawaja attempted to ask the court to call for the JIT report and make it part of the proceedings but he was snubbed along with one of the defense lawyers, who tried to take the cue and push for the same request. The JIT report may have a point that goes in favour of the accused officials of the Pakistan Rangers, believes a seasoned investigator and senior lawyer.

The IO was conspicuously absent for the third consecutive day of the trial even though his requests to be exempted were turned down by the court.

On Tuesday, two more prosecution witnesses were examined by the court.

Sub-Inspector Raja Muhammad Javed deposed first. He said that he was the duty officer on June 8 and reached Jinnah hospital after the injured Sarfraz Shah was shifted there. Upon arrival, he prepared the inquest report and memo of the examination of the body of the deceased and also applied to the medico-legal examiner for his opinion about the cause of death. He handed over the body to Salik Shah after completing the legal formalities.

The next to take the stand was Sub-Inspector Zulfiqar Shah who told the court that he was the link duty officer on the day of the incident. He was witness to the handing over of a TT pistol, three bullets, a spent casing and a wallet belonging to Sarfraz. He recorded two FIRs, one on behalf of Afsar Khan and another on behalf of the State for the confiscation of an illegal weapon allegedly from Sarfraz Shah.

The next hearing is on Wednesday morning.

Published in The Express Tribune, July 6^th, 2011.