Killed in custody: SHC orders police to probe alleged custodial killing

The petitioner had alleged that the body of his brother, who had been missing, bore torture marks.

KARACHI:

The Sindh High Court has directed senior police officials to probe into the murder of a man who was allegedly illegally detained by law enforcers.

SHC Chief Justice Mushir Alam, who headed the bench, passed these orders while hearing two different petitions seeking the release of missing persons.

Muhammad Rehan, a resident of Qadri Colony in Gulbahar-2, Karachi, had approached the high court seeking recovery of his brother from the alleged unlawful detention of law enforcement agencies.

He had named the provincial home secretary, chiefs of the inter-services intelligence, military intelligence, provincial police, the crime investigation department and Rizvia Society SHC as respondents.

The petitioner alleged that law enforcement agencies’ personnel had forcibly taken away his brother, Muhammad Farhan, from his house early morning on July 4. Rehan told the court that he, along with his mother, Ruqaiya Begum, had visited several police stations in the city to seek the location of the detainee, but their efforts had gone in vain.

“The detainee is neither affiliated with any political or religious party nor involved in any anti-social activity,” claimed his lawyer, Ayesha Rehman, in the petition. “We apprehend that the officials might implicate him in false cases and kill him in a fake encounter.”

On Thursday, Major Ashfaq of the Pakistan Rangers Sindh filed his report in response to the previous court notice, issued on July 11, denying that the paramilitary troops had arrested or detained the detainee.

On the other hand, the lawyer told the judges that the petitioner had found Muhammad Farhan’s body bearing torture marks. She alleged that the detainee had died due to severe torture during the illegal custody of the law enforcement agencies.

She pleaded the court to order a judicial inquiry into the murder to ascertain the actual cause of death of the petitioner’s brother.

Additional Legal IG Ali Sher Jakhrani gave his consent for ordering a judicial inquiry into the death.

With the consent of the parties, the bench ordered a judicial inquiry into the murder and ordered the relevant authorities to submit their report.

Release on ransom

Another petitioner, Fazalur Rehman, the senior vice-president of a housing society, claimed that CID personnel had taken away Rehmatullah, a member of the society, on March 16. On April 18, the personnel released him upon payment of Rs100,000 ransom, he alleged.

Taking serious notice of the allegations, the bench appointed senior police officer, AD Khawaja, to conduct inquiry into the matter policemen and submit report by September 5.

Published in The Express Tribune, August 16^th, 2013.