Security guard murder case: SC rejects IGP inquiry report, orders FIA to do inquiry afresh
Top cop’s response angers court; realtor’s ‘generosity’ questioned.
ISLAMABAD:
The Supreme Court on Monday threw out of the window an inquiry report by the capital’s top cop into the murder of a security guard and directed the Federal Investigation Agency (FIA) to conduct an inquiry afresh.
The three-member bench, headed by Chief Justice Iftikhar Muhammad Chaudhry, which was hearing the case, directed the FIA Director General Javed Iqbal to submit his findings in three weeks.
“We are not satisfied with the report prepared by the IGP’s Joint Investigation Team (JIT), therefore, in the interest of justice…we transfer this case to the FIA,” the court observed in its written order.
Hamid Khan, a prominent figure during the lawyers’ movement and leader of Pakistan Tehrik-i-Insaf, appeared before the court to defend the real estate tycoon Malik Riaz Hussain, who had paid Rs26 million to the widow of security guard Fayyaz Ahmad.
“Was it diyat?” the court asked. “No, it was financial assistance,” Khan replied.
While appreciating Riaz’s generosity, the court was curious as to the reason he was being so generous.
“We are well aware of the fact that no one normally extend such huge amounts…while Riaz is not even accused in the case, we would like to know the truth behind his generosity,” Justice Tariq Pervez asked.
The court observed that a trial court judge in Islamabad misunderstood the case and gave a controversial verdict. “Don’t rely on this judgment,” the chief justice told Sardar Ishaq, the lawyer of two accused in the case. “This is a failure of our system in which ‘influentials’ get the desired results,” Justice Chaudhry said, adding “If you want to end this case, we would dispose of the same with observations that in the murder of a poor security guard, law enforcement agencies and the courts failed to trace the reason behind the brutal act.”
On the court’s instruction, Khan also read out the inquiry report of an additional sessions judge, which stated that the Bahria Town owner was also involved in this case and that the murder and subsequent accusations on innocent people were to snatch their land.
IGP Amin, who was tasked the inquiry on February 1, informed the court that he found 15 officers guilty of not running a transparent investigation. “I have dismissed nine station house officers (SHOs) and recommended the suspension of six deputy superintendents of police (DSPs).”
The court reprimanded Amin for diverting its attention from the issue and asked him to focus on his findings.
“If all the cases were registered falsely, what does your inquiry say about the murder,” the court questioned.
“There was no witness to the murder, the incident was on a dark night,” the IGP said.
His clarification was less than satisfactory for the bench.
Justice Chaudhry said, “IGP Amin, we know that the police are not working independently, but even then, it was your duty to enforce the law honestly. You have failed, and your investigation team has failed to properly conclude the case. We know that transferring the case to another agency will demoralise you, but we want the law to prevail and will not allow dishonesty.”
The court had tasked IGP Bani Amin with the inquiry on February 1.
Published in The Express Tribune, February 28th, 2012.
The Supreme Court on Monday threw out of the window an inquiry report by the capital’s top cop into the murder of a security guard and directed the Federal Investigation Agency (FIA) to conduct an inquiry afresh.
The three-member bench, headed by Chief Justice Iftikhar Muhammad Chaudhry, which was hearing the case, directed the FIA Director General Javed Iqbal to submit his findings in three weeks.
“We are not satisfied with the report prepared by the IGP’s Joint Investigation Team (JIT), therefore, in the interest of justice…we transfer this case to the FIA,” the court observed in its written order.
Hamid Khan, a prominent figure during the lawyers’ movement and leader of Pakistan Tehrik-i-Insaf, appeared before the court to defend the real estate tycoon Malik Riaz Hussain, who had paid Rs26 million to the widow of security guard Fayyaz Ahmad.
“Was it diyat?” the court asked. “No, it was financial assistance,” Khan replied.
While appreciating Riaz’s generosity, the court was curious as to the reason he was being so generous.
“We are well aware of the fact that no one normally extend such huge amounts…while Riaz is not even accused in the case, we would like to know the truth behind his generosity,” Justice Tariq Pervez asked.
The court observed that a trial court judge in Islamabad misunderstood the case and gave a controversial verdict. “Don’t rely on this judgment,” the chief justice told Sardar Ishaq, the lawyer of two accused in the case. “This is a failure of our system in which ‘influentials’ get the desired results,” Justice Chaudhry said, adding “If you want to end this case, we would dispose of the same with observations that in the murder of a poor security guard, law enforcement agencies and the courts failed to trace the reason behind the brutal act.”
On the court’s instruction, Khan also read out the inquiry report of an additional sessions judge, which stated that the Bahria Town owner was also involved in this case and that the murder and subsequent accusations on innocent people were to snatch their land.
IGP Amin, who was tasked the inquiry on February 1, informed the court that he found 15 officers guilty of not running a transparent investigation. “I have dismissed nine station house officers (SHOs) and recommended the suspension of six deputy superintendents of police (DSPs).”
The court reprimanded Amin for diverting its attention from the issue and asked him to focus on his findings.
“If all the cases were registered falsely, what does your inquiry say about the murder,” the court questioned.
“There was no witness to the murder, the incident was on a dark night,” the IGP said.
His clarification was less than satisfactory for the bench.
Justice Chaudhry said, “IGP Amin, we know that the police are not working independently, but even then, it was your duty to enforce the law honestly. You have failed, and your investigation team has failed to properly conclude the case. We know that transferring the case to another agency will demoralise you, but we want the law to prevail and will not allow dishonesty.”
The court had tasked IGP Bani Amin with the inquiry on February 1.
Published in The Express Tribune, February 28th, 2012.