Judicial commission formed to probe Raza's death

Family challenges commission, seeks JIT as police investigation remains inconclusive

KARACHI:

The Sindh Home Department on Monday notified the formation of a judicial commission to probe the death of 25-year-old Mir Raza Ali, with Justice Umar Sial appointed as its head following his nomination by the Sindh High Court (SHC) chief justice.

The commission has been constituted at the request of the provincial government, even as Mir Raza's family has challenged the move before the SHC and sought a joint investigation team (JIT) to probe his murder.

According to the notification, issued under the Sindh Tribunals of Inquiry Ordinance, 1969, the commission has been assigned four key terms of reference (ToRs).

It will determine the circumstances and motives surrounding Mir Raza's death, assess whether the investigation has been impartial and examine whether any police officer or other official was negligent or involved in concealing evidence.

The commission will also recommend further investigation, forensic analysis and legal action, where necessary.

The notification states that the commission will have judicial powers, including the authority to summon witnesses, record statements on oath and requisition documents. All government departments and institutions have been directed to extend full cooperation to the commission.

The Home Department has directed the commission to submit its report within 30 days of its constitution, although the period may be extended if necessary. The department will also provide secretarial support to the commission.

Mir Raza Ali, the owner of popular dessert brand Wafflix, went missing on July 28 and his body was found in Gulistan-e-Jauhar the following day. After police initially described the death as a suicide, a second post-mortem examination confirmed that he had been murdered. The revelation triggered outrage across the city, with civil society, lawyers, traders and students calling for the culprits to be brought to justice.

Meanwhile, Mir Raza's family has challenged the formation of the judicial commission before the SHC and sought a JIT comprising representatives of the Sindh Police, Rangers, Federal Investigation Agency (FIA), Intelligence Bureau (IB), Inter-Services Intelligence (ISI) and Military Intelligence (MI).

A two-member constitutional bench headed by Justice Adnan-ul-Karim Memon took up the family's petition on Monday and issued notices to the respondents, seeking their replies by August 31. The petition was filed by Mir Raza's parents, Mir Hassan Ali and Maryam Hussain, and his sister Alishba Khan through advocate Jibran Nasir.

The petitioners contend that the police investigation has failed to make meaningful progress because of alleged institutional shortcomings. They said the provincial chief secretary decided on August 22 to constitute the judicial commission without consulting the family or discussing its ToRs with them.

The family argued that it was not opposed to an inquiry into alleged institutional failures but objected to using a judicial commission as a substitute for a criminal investigation. "Police are required to identify suspects, collect evidence and submit a charge sheet, whereas a judicial commission cannot perform these functions," the petition states.

The family has also sought an investigation into the role of DIG East Farrukh Ali Lanjhar and other police officers involved in the probe, alleging that investigative lapses had compromised the case. It has requested departmental action against officials found responsible.

During the hearing, Nasir argued that the police investigation had yet to reach any conclusion and that the family had learnt about the proposed commission through the media. He further contended that the findings of a judicial commission could not be presented before a criminal court as a charge sheet.

The court sought details of the commission's ToRs and a report on action taken against police officers accused of negligence or dereliction of duty. The bench also restrained the existing investigation team from finalising the probe or submitting the final charge sheet while the petition remains pending.

Separately, the Judicial Magistrate East granted investigating officer Siraj Lashari further time to submit a progress report in the murder case. Lashari told the court that forensic reports of Mir Raza's mobile phone and other items were still awaited.

The magistrate accepted the request and directed him to submit the report by September 7.

Speaking to reporters after the hearing, Nasir said the family wanted a transparent investigation and questioned the handling of CCTV footage and other evidence. He alleged that relevant footage had not been shared with the family and that cameras were declared faulty weeks after the incident.

The petition names 19 individuals, besides various federal and provincial departments and institutions, as respondents. They include police officials associated with the investigation and doctors who conducted Mir Raza's post-mortem examination.

Additional input from Saleem Jhandir