SHRC seeks exhumation of Dr Kumbhar's body for autopsy

Commission calls on Sindh govt to thoroughly probe the case which police mishandled

KARACHI:

The Sindh Human Rights Commission (SHRC) has called on the provincial government to conduct a thorough investigation into the case of Dr Shahnawaz Kumbhar, saying that it was mishandled by police.

A report, a copy of which is available with The Express Tribune, also recommended that the government exhume Dr Kumbhar's body for an independent post-mortem by a medical board, due to concerns raised by his family about possible torture.

The investigation, led by SHRC Chairperson Iqbal Detho, strongly advised the provincial government to protect witnesses in this sensitive case. The SHRC urged the immediate implementation of the Sindh Witness Protection Act of 2013, which provides safeguards such as confidentiality, relocation, and enhanced security measures.

The SHRC investigation revealed widespread failures in law enforcement and governance in handling Dr Kumbhar's case. "His extrajudicial killing highlights broader systemic issues in addressing blasphemy accusations and violent extremism," the report stated. "The SHRC's recommendations aim to address these failings and implement preventive measures to avoid future incidents of this nature."

The report further highlighted the illegality of the police actions, particularly in staging the encounter, which was confirmed by a special inquiry committee. It also criticised the failure to involve the Federal Investigation Agency (FIA) to verify the authenticity of the cybercrime allegations, which led to premature declarations of guilt and escalated mob violence. Public statements made by police officials only fueled the unrest.

The report, quoting the family, stated that two men, Ahmed Shahani and Riaz Panhwar, along with others, were involved in the desecration of Dr Kumbhar's body.

The SHRC found that the police violated constitutional and procedural guarantees afforded to the accused from the moment of his arrest in Karachi under the first FIR. The police failed to record the arrest in the respective Karachi police station's jurisdiction. "Secondly, given the sensitivity of the case, the police should have obtained a transit remand under Section 168 of the CrPC from the concerned Judicial Magistrate in Karachi before transferring him to Umerkot. Even after taking him to Umerkot, it is unclear under which legal provisions his custody was allegedly handed over to the Mirpurkhas police," the report raised this concern.

"Based on the circumstances and statements gathered by the commission from the family, as well as information retrieved from other sources and confirmed by the IGP inquiry report, it appears that the accused was killed as part of a premeditated plan," the report concluded.