Zeeshan murder case: SHC suspends lower court orders to register second FIR

A judge had ordered police to register second FIR on victim’s sister’s plea.

KARACHI: A short while after an additional district and sessions judge of district Central, Javed Akhtar Awan, issued notice to the New Karachi Police SHO for not registering a second FIR, a division bench of the Sindh High Court, suspended on Wednesday the order on the plea of the accused Rangers official, Noor Rehman.

The district and sessions court had directed the SHO to register a case against the Rangers official and the estranged wife of the deceased if a cognisable offence was made out from the statement of the petitioner, in this case his sister, on March 3.

The counsel for the victim’s family, Amir Warraich, said that they had gone to the court as the police had refused to register the case against the Rangers official and deceased’s wife, adding that the police have not registered the case even after the court orders. “It is contempt of court,” he remarked.

According to the victim’s sister, Tasneem Shahid, she went to the police station to register the case several times but her complaint had not been registered so far. “The police officials recorded my statement but asked me to come back to collect a copy after the SHO approved it. I have gone to the police station four to five times and each time, they asked me to come back again at another time.” Shahid alleged that the police was deliberately trying to delay the case.  Meanwhile, the accused paramilitary soldier, Noor Rehman, had moved the Sindh High Court against the order of ADJ Javed Akhtar Awan.

Rehman told the court that while an FIR of the incident was already registered, the victim’s sister, Tasneem Shahid, filed an application under Section 22-A of the Criminal Procedure Code (CrPC), alleging that the New Karachi Police were not entertaining her request to register a case of Zeeshan’s murder against the Rangers personnel.

Rehman’s lawyer argued that Shahid had concealed facts from the relevant court to obtain an order for registration of a second FIR despite the fact that the New Karachi police station’s ASI Raja Muhammad Rafiq had approached her to record her statement. She had, however, denied the request at the time, saying that she would record her statement after consulting her lawyer.

The court was pleaded to suspend the impugned order passed by the ADJ and also restrain New Karachi police from lodging a second FIR against the personnel, Rehman.

Headed by Justice Ghulam Sarwar Korai, the bench issued a notice to the provincial prosecutor general, New Karachi Police SHO and Tasneem Shahid to file their comments by March 25. Till that time, the order passed by the ADJ was suspended.

On the other hand, the Rangers official was released on bail after he submitted the surety amount of Rs2.4 million on Wednesday. Published in The Express Tribune, March 6^th, 2014.