Mir Raza exhumation delayed as family rejects newly formed medical board

Petition argues that newly formed five-member panel was constituted overnight in violation of the court's order

KARACHI:

The family of waffle chain owner Mir Raza Ali on Friday submitted an application to the judicial magistrate expressing no confidence in a newly constituted medical board tasked with carrying out his exhumation, prompting authorities to halt proceedings as a dispute over the board's composition intensified.

The development came a day after a judicial magistrate ordered the exhumation of the 25-year-old's body and the formation of a medico-legal board to conduct a fresh post-mortem examination following the family's appeal over alleged discrepancies in the initial autopsy identified by the police surgeon.

Mir Raza was allegedly kidnapped from Karachi's PECHS and was found dead in bushes near a wedding hall in Gulistan-e-Jauhar last week. Police suspect he was tortured before being shot dead.

The application challenged the replacement of the original eight-member medical board, with the family arguing that the newly formed five-member panel had been constituted overnight in violation of the court's order. They urged the magistrate to stop the exhumation until the original board, which they said had been approved by the court, was restored.

Mir Raza's father, Mir Hussain, refused to allow the exhumation to proceed under the new board, saying the family would only permit the process if the original members arrived.

"We do not recognise this five-member board. We recognise the eight-member board constituted by the court," he told reporters at the cemetery. He alleged that the medical board had been changed "under the cover of darkness" and claimed there were attempts to protect those involved in the killing.

He also criticised the police investigation, saying their position had repeatedly changed. "The police keep saying different things, and everyone knows who they know how to protect," he said.

Read: Karachi court orders exhumation of Mir Raza Ali's body after flaws found in post-mortem

The standoff unfolded at the cemetery, where police had made extensive security arrangements and a large number of the family's supporters, including many young men and women, had gathered. Police Surgeon Dr Summaiya Syed also reached the site, while discussions continued between the police surgeon, the magistrate and the deceased's family.

Lawyer Jibran Nasir, representing Mir Raza's family, arrived at the cemetery and separately wrote an urgent letter to the police surgeon objecting to the new medical board.

In the letter, Nasir said the legal heirs had not consented to the exhumation being carried out by the newly constituted panel. He argued that the order issued by the Director General Health, Hyderabad, to form the new board was unlawful and conflicted with both the court's directions and the Sindh Medico-Legal Act.

He warned that if the exhumation were conducted by an illegally constituted board, the family would pursue legal action. The letter also raised concerns that evidence could be lost or tampered with, insisting that only the original eight-member board complied with the law and the court's order.

Speaking to the media, Nasir also questioned several aspects of the investigation, including the notification of a new investigation team, which he said had been issued late at night.

He said the investigating officer had failed to record the complainant's statement despite eight days having passed since the case was registered, while the recovery of a spent bullet casing only after a court order had raised further questions about the investigation.

Nasir called for authorities to explain the differences between the original and newly constituted medical boards and questioned why a second notification had been issued without first withdrawing the original one. He also sought clarification over the legal basis cited in a letter issued from Hyderabad referring to orders allegedly issued by the provincial health secretary.

He further questioned the evidentiary value of recovering a bullet casing without first recovering the weapon allegedly used in the killing.

"We will not accept any alternative or Plan C," Nasir said, reiterating that the family would only recognise the original eight-member medical board.

Read More: Post-mortem report of Karachi waffle chain owner raises ‘more questions than answers’

He also questioned why the Inspector General of Police Javed Alam Odho had publicly stated that the case was close to being solved before the exhumation had taken place, alleging that the medical board had been changed overnight because of the influence of those involved in the murder.

Following the family's application expressing no confidence in the new board, the exhumation process was suspended while the magistrate considered the objections.

On Wednesday, Karachi Police Surgeon Dr Summaiya Syed raised 14 objections to the post-mortem examination conducted on July 29, saying the report contained multiple deficiencies and "raises more questions than answers".

In a letter to the East senior superintendent of police, Dr Syed said the body had not been X-rayed, hand swabs had not been collected for gunshot residue analysis, and no chemical examination had been conducted on gunpowder marks around the bullet entry wound.

She added that the skull and neck had not been internally examined, the firearm injuries had neither been scientifically measured nor photographed, and the report failed to document the bullet's trajectory or provide a scientific description of the entry and exit wounds.

Dr Syed also noted that the body's state of decomposition had not been adequately documented and that no DNA sample had been collected despite the deceased not having been positively identified. She said an explanation had been sought from the medico-legal officer. Police have yet to determine whether the case is one of murder or suicide.