Army Public School attack: Petition seeks separate cases for all murders, attempted murders

Questions how single report can provide basis for investigation of so many lives lost

PESHAWAR:

A writ petition filed at the Peshawar High Court urges every case of murder or attempted murder in relation to the Army Pubic School (APS) attack be registered individually.

Shahid Orakzai, a freelance journalist, has approached the court to challenge the FIR lodged against the murder of students and teachers at the army-run school on December 16, 2014. The petitioner has urged the court to direct the district and sessions judge to ensure each case of murder and attempted murder is registered separately. SHO Michni Gate Sher Ali Khan along with district and sessions judge have been listed as respondents.

The petitioner has questioned whether a police officer in charge of a police station can register a single report for the murder of so many students and teachers. Moreover, he asked whether this FIR is based on the information collected by a single police officer or his subordinates.

According to the petition, an FIR lodged under Section 154 of Criminal Procedure Code is the only legal basis to conduct an investigation. “The question which arises is how a single, sketchy report could provide the basis for investigating so many murders,” it read.

During the hearing on Tuesday, Orakzai requested the bench comprising Justice Qaiser Rashid Khan and Justice Asadullah Khan Chamkani to constitute a larger bench to decide on the petition. The bench subsequently referred the matter to PHC Chief Justice Mazhar Alam Miankhel for further consideration.

Moreover, the court directed the petitioner to remove some words from his petition which it considered derogatory.

“The FIR is mere eyewash,” stated the petition. “The SHO does not intend to investigate a single murder and apparently takes all the murders as fait accompli (an irreversible deed).”

It added, “A single police station may not have the capacity to investigate so many murders. However, a probe can be divided among various police officers.”

Furthermore, the petition also made reference to an “unconstitutional political gathering” organised by a political party at Governor House on December 17.

“If the court doesn’t immediately exercise its jurisdiction, political parties will continue to exploit such murders for their own political gains,” stated the petition.

Orakzai requested the court to instruct the Michni Gate SHO to withhold further investigation into the APS incident on the basis of the FIR until a final decision has
been reached.

Published in The Express Tribune, March 4^th, 2015.