KARACHI, May 28: An additional district and sessions judge, South, reserved on Monday order on an application filed by the Karachi Bar Association against the SHO of the City Courts police station for declaring the FIR against the Sindh government and leaders of the Muttahida Qaumi Movement null and void.
Judge Mohammad Azeem fixed Tuesday for the pronouncement of the order after he heard arguments from Hanif Kashmiri, attorney for the KBA, in the presence of SHO Zahid Hussain.
The City Courts police, in compliance with an order of the additional district and sessions judge, South, had registered the FIR against the Sindh government and leaders of the Muttahida Qaumi Movement on May 19 for allegedly opening fire on a lawyers’ procession on May 12.
However, later the SHO of the City Courts police declared the FIR null and void under Section 157-B of the Criminal Code of Procedure, which empowers an SHO to close the investigation of a case if it appears to him that there is no sufficient ground for an investigation.
The complainant had sought legal action against the MQM leaders and police officials concerned and the government of Sindh.
He told the police: “Lawyers in a procession were going to the Sindh High Court to participate in the golden jubilee celebrations when ‘miscreants’ of the MQM in vehicles with party flags opened fire from all sides and forced lawyers to take shelter in the nearby buildings and the KBA office”.
He alleged that the lawyers were threatened to be burnt alive by sprinkling petrol on them. The KBA chief further stated that Sindh Bar Council member Noor Naz Agha was made hostage at gunpoint at a building in the Denso Hall and senior lawyer Mohammad Ali Abbasi was also made hostage. He alleged that the furniture of the ladies’ common room was also set ablaze and many lawyers, including Shazia Mughal, Tabassum Naz, Syed Abbas Ali and Aftab Ahmed Gilgiti, were injured.
The FIR (53/07) was registered under sections 147, 148, 149, 324, 427, 365/511 and 506-B of the PPC.
Later, the KBA moved an application in the court of the additional district and sessions judge, South, against the SHO of the City Courts police station for not taking action on the FIR registered against the Sindh government and the Muttahida Qaumi Movement leaders.
Advocate Kashmiri contended that the City Court police were bound by law to process the FIR as firing on the lawyers’ procession, torching of the furniture in the women lawyers’ common room, kidnapping of senior lawyers and hurling of threats at lawyers occurred within their jurisdiction.
He argued that the SHO was not authorised to stop action on the FIR under the Police Order, 2002, prior to the recording of witnesses’ statements.
The KBA attorney prayed to the court to transfer the investigation of the case from the SHO who was “acting as a political activist and not fulfilling his professional duties”.
While arguing on the merits of the application, KBA secretary-general Naeem Qureshi prayed to the court to shift the investigation of the case to DIG Zubair Mehmood of the Investigation Zone III as the Saddar Town police and their investigation wing were a party in the case.
