LAHORE: The superintendent of police of Cantt Division has said that the police will not proceed in the case of Aitchison College student Mahd Faisal’s death until the family nominates an accused.
Talking to The Express Tribune on Sunday, SP (Investigation) Amin Bukhari denied that four of the five witnesses had recorded their statements with the police. He said the police needed the witnesses to assist them in nominating an accused. Zahid Khan, the official in charge of the investigation, had earlier told the Tribune that four witnesses– Saeed Hassan, Muhammad Haider Sultan, Shah Mir Amjad and Muhammad Sahil – had joined the investigations, but the fifth, Waleed Sherpao, had not. SP Bukhari said the families of the witnesses had requested the police not to raid their residences. He said they had assured the police of cooperation and that they would produce the boys whenever needed for interrogation. Sources in the police, however, said that police officials were reluctant in proceeding with the case because the five boys identified as witnesses to Mahd’s death belonged to well-connected families. The police, sources said, feared that investigating the boys could land them in trouble. They said that the complainant family was also not very keen on pursuing the case to the end, adding that they might withdraw the case once the police make an arrest.
Faisalur Rehman, Mahd’s father, said he had lodged an FIR and now it was the responsibility of the police to investigate the case. “Why is there a need to identify an accused? I have identified the witnesses. The police do not need anyone’s permission to probe them,” he said.The principal of the Aitchison College had reportedly called the boys identified as witnesses to Mahd’s death to a meeting and told them to appear before the police and record their statements. Advocate Aftab Ahmed Bajwa, an expert on criminal law, said that once the complainant has lodged an FIR, it is the responsibility of the police to investigate the matter. He said that the police could not sidestep its job by saying that the complainant was not cooperating. “If the SP has said that he will not proceed in the case unless the complainant nominates an accused, he is liable of professional misconduct. His seniors should take action against him.” Bajwa said the police should investigate whether the death was a murder or an accident. If the act was unintentional, he said, it would be prosecuted under Section 319 of the Pakistan Penal Code. He said that the punishment under the said section was diyat (compensation) and a maximum of a five-year sentence. However, he said, there would be no sentence if the complainant pardons the person responsible for the death. The FIR registered with the North Cantonment police states that Mahd Faisal was shot at a party at the residence of Muhammad Zaman Khan. It mentions that besides Mahd, his friends Muhammad Waleed Sharpao, Saeed Hassan, Muhammad Haider Sultan, Shah Mir Amjad and Muhammad Sahil were present on the occasion. Waleed Sherpao is the grandson of Aftab Ahmed Sherpao.
Published in The Express Tribune, December 27th, 2010.
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