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| February 5, 2003 | Wednesday | Zul Hijjah 3,1423 |
High court officials misplace file: Nazim’s killing case
PESHAWAR, Jan 4: Officials of the Peshawar High Court have misplaced a file concerning the killing of a union council’s Nazim, Mr Fayyaz Khalil.
A two-member bench of the high court, comprising Justice Tariq Pervaiz and Justice Qazi Ahsanullah Qureshi, could not take up for preliminary hearing a writ petition filed for the arrest of the two police officers allegedly involved in the murder.
The court had fixed Tuesday for hearing the petition filed by Ishaq Khalil, brother of the killed Nazim, but finally the bench informed the petitioner’s counsel, Mr Samad Khan, that the bench could not hear the case as the file was missing from the office.
Fayyaz Khalil was killed on Sept 16 last during a protest demonstration arranged by the inhabitants of the Pishtakhara area against power loadshedding. The family of the deceased had charged the assistant superintendent of police (ASP), Mr Dar Ali Khattak, and the SHO concerned, Mr Shakirullah Bangash, with the murder in an FIR.
When on Tuesday the bench concerned completed proceedings of the day, Mr Samad Khan pointed out that his case was fixed at serial No. 8 and was not taken up for hearing.
The bench informed him that it could not hear the case as the file concerned was not with them.
The counsel expressed surprise about how such an important file could be misplaced. He approached the Chief Justice of the PHC, Justice Mian Shakirullah Jan, and informed him about the disappearance of the file.
The chief justice assured him that he would conduct an inquiry into the misplacement of the file.
The petitioner has prayed to the court to issue directives for the arrest of the two officials.
He has also prayed to the court to issue directives for submitting a charge-sheet of the case before the court concerned.
Initially, the two officials had filed a pre-arrest bail application before the court of the additional district and sessions judge, but later, they withdrew that application. However, they were not arrested by the police.
The petitioner filed an application before the court of judicial magistrate for the arrest of the two police officers. The court directed the local police to submit a challan of the case within 14 days. However, the police did not submit the challan after which the present petition was filed.
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