SHC asks why police failed to probe alleged fake encounter

Police officials had to explain under what authority they superseded the orders of the Provincial Police Officer.

KARACHI: The SSP (Investigations) South and an inspector of the investigation wing for the Steel Town police station were ordered by a division bench of the Sindh High Court (SHC) to appear on Oct 11 to explain under what authority they superseded the orders of the Provincial Police Officer or Inspector General of Sindh.

The bench comprising Justice Amir Hani Muslim and Justice Syed Hasan Azhar Rizvi passed the orders here Monday in a constitutional petition filed by Muhammad Shoaib-ul-Haq, a resident of Steel Town, who lodged a FIR against the police officials for an allegedly fake encounter. He later moved the PPO when he came to know that the investigation police was closing the case by declaring it “B” class.

On Shoaib’s complaint, the PPO, on Jan 27, 2010 ordered a three-member committee -  Keamari SP Naeem Ahmed Shaikh, Jamshed SP Syed Aamir Farooqui and SSP Investigations - to investigate the allegation and submit a report within a fortnight.

Interestingly, the next day, Jan 28, the investigating officer for the case, Inspector Asif Rauf, recommended that the case be disposed as “B” class.

The accused include DSP Zameer Abbasi, DSP Jabbar Bijrani (now retired), SI Muhammad Rasheed, ASI Sheral Khoso, SIP Tariq Baig, ASI Mumtaz Khan and PC Abdul Sattar, all members of the raiding team and participants of the allegedly fake encounter in which none of the officers were injured.

On Monday, the SHC bench was astonished to see the way in which the police officials were being protected and said in its order: “We could not reconcile as to how come, after the orders of the PPO, the previous IO ... can recommend the disposal of the case in B class. In other words, the said IO attempted to nullify the orders of the PPO for conducting an investigation”.

The bench also inquired from Prosecutor General Sindh Shahadat Awan, “how come Inspector Muhammad Mubin [present before the court] can investigate the matter in the wake of the orders of the PPO dated 27-1-2010. We do not understand that once the PPO has passed an order constituting a committee for conducting an investigation under the supervision of the DIGP, South Zone, what authority rests with the SSP (Investigation), South to appoint another IO, that too of the rank of an inspector, who is otherwise not competent to investigate the matter,” the bench noted in its order.

It added that with the pace that the IO proceeded, the court is led to believe that “either he is incompetent or dishonest” and “that the accused are police officials and they are influencing the investigation”.

The bench acknowledged that a new CCPO had just taken charge and both the CCPO and PPO were unaware of the happenings behind their back.

It said the PG Sindh shall keep a file of the case with him till the court passes some order after hearing the PPO who is appear before the court on Oct 10 in some other case.

Published in The Express Tribune, October 5^th, 2010.