HYDERABAD, July 18: The Sindh High Court, Hyderabad circuit bench, on Thursday granted the protective bail to the in charge of the CIA Centre, Badin, Inspector Ghulam Murtaza, in a custodial killing case, and directed him to surrender before the trial court concerned, which would decide the case of his bail on merit basis.

The protective bail has been granted for six days for a sum of Rs100,000.

A man, Noor Mohammed Khaskheli, had lodged the case against the DSP, Matli, Aslam Rajput; the SHO, Matli police station, Nand Lal; the SHO, Tando Ghulam Ali; Inspector Ghulam Murtaza; and a constable of the Tando Ghulam Ali police station after the complainant’s brother, Ghulam Ali Khaskheli, died in the custody of the Phulkara police on Sept 30 last year.

The complainant claimed that his brother was picked up by the police in a raid on his house on Sept 28, 2001.

According to the complainant, he was arrested in a number of criminal cases in which he was not nominated.

The complainant claimed in the FIR that he and another eye-witness, Khuda Bux, had seen his brother being mercilessly beaten after he had been hung upside down in the Phulkara police post.

He said that a little while later they saw his brother, who seemed to be unconscious, being taken to an unknown destination in a police mobile.

The man’s body was thrown into the Rohri Canal at RD755. It was recovered on Oct 5.

A post-mortem was conducted in which it was established that the man had been tortured. Rope marks were also visible around his neck.

All police officials absconded following the registration of an FIR.

The present applicant, however, sought protective bail for 15 days from the Sindh High Court, Karachi, with directives to appear before the trial court concerned of the second additional district judge, Badin. The second additional district judge, Badin, rejected his pre-arrest bail.

Then he moved the Sindh High Court, Hyderabad circuit bench, through Advocate Ashiq Mehar.

The assistant advocate general, Sindh, Rasheed Qureshi, argued before the court that the applicant was not entitled to bail because specific allegations had been made against him by the applicant and a particular role had been assigned to him in the FIR.

He said that the second additional district judge, Badin, rejected his bail plea because he failed to attend the court and his lawyer also did not furnish the certified copies of the papers needed.

He said that even a legible copy of the FIR was not submitted before the court.

He said that the complainant had no mala fide intention.

He stated that ocular evidence was also there, apart from eyewitnesses of the torture.

He strongly opposed the bail application.

He said that the body was also recovered by the police and the post mortem report also endorsed the applicant’s claim that the man had been tortured.

He contended that the inquiry of the case was referred to a DSP, CIA, of Karachi who recommended replacement of section 302 PPC with 318 (accidental death), but even in this inquiry charges stood against the applicant and he was nominated.

He said that the police had no right to recommend incorporation of a different section after submitting the final chargesheet.

He said that the court had not accepted the supplementary chargesheet of the case so far.

The applicant’s counsel pleaded that his client be granted bail because the registration of the case was the outcome of professional jealousy and the personal enmity of the applicant with some of his colleagues in the police department.

He said that the fresh inquiry had recommended incorporation of section 318 PPC in the supplementary chargesheet of the case.

The state counsel said that like other accused he was also responsible for the custodial death of the man, therefore he did not deserve any concession.

He also relied on the rulings of superior courts.

The court directed the applicant to surrender before the trial court concerned for seeking bail, which would decide the bail on the merit of the case.

The bail was granted for a sum of Rs100,000 for six days.