The chief justice of the Sindh High Court has suspended an order by a lower court to register a case against a top police official and an MNA from Lyari over a young man’s death.
The additional district and sessions judge for South Karachi, Abdul Razzak, had ordered the police to book CID SSP Muhammad Aslam Khan and MNA Sardar Nabeel Ahmed Gabol.
He passed the order on a contempt of court application filed by the mother of a man who was allegedly killed in police custody. Victim Sakhiullah’s mother Bilquees wanted the action to be taken against the SHO of Lyari’s Chakiwara police station on the grounds that despite court orders he was deliberately avoiding the FIR. Her lawyer submitted that the statement made by her and witnesses, under section 164 of the Criminal Procedure Code, established that Sakhiullah was killed in custody and hence it was a cognisable offence.
The trial court had ordered that if it emerged to be a cognisable offence, the police should register a case. If the police refused, it would be in violation of the orders of the court and they would thus be in contempt.
Chakiwara’s SHO had defended himself before the ADJ. After hearing both sides, the lower court reserved its order and later directed the SHO to register the FIR against the SSP and MNA.
But then the SSP’s lawyer Muhammad Farooq argued before the chief justice of the SHC that the trial court has limited powers under the relevant laws. It was at the sole discretion of the SHO to decide whether he could take cognisance of a matter or not.
He said that by ordering the police to register an FIR, the trial court has gone beyond its jurisdiction. The SSP’s lawyer also argued that Sakhiullah was killed in a shoot-out with the special investigation cell police and not by the CID police. Bilquees is trying to involve the SSP with mala fide intentions in order to protect criminals in Lyari, Muhammad Farooq submitted, requesting the court to quash the proceeding before the trial court.
After hearing this, Chief Justice Mushir Alam suspended the trial court’s order and adjourned the matter.
According to the applicant, Sakhiullah was kidnapped or taken into custody and his bullet-marked body was dumped after an hour.
The trial court had already deleted the name of the federal interior minister nominated in the application.
Published in The Express Tribune, May 22nd, 2012.
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