KARACHI, June 1: Lawyers of the Karachi Bar Association have refused to cooperate with the investigators of the Investigation Police, Zone-I, in a case registered at the City Courts Police Station.

The case was registered against the Sindh government and the MQM leaders with regard to the May 12 mayhem. The complainants have asked that the investigation be shifted to Zone-II.

Lawyers claimed that the suspects named in the FIR -- registered in compliance with a court order -- were officers of Saddar Town and they did not expect an impartial enquiry from the investigation police of Zone-1, headed by DIG Manzoor Mughal.

“We have asked for the shifting of the investigation to Zone-II, headed by DIG Mir Zubair Mehmood, and the City Police Chief, Azhar Farooqui, has assured us of shifting the investigation to Zone-II,” KBA General-Secretary Naeem Qureshi told Dawn here on Friday evening.

Mr Qureshi had submitted a written application with the office of the city police chief requesting for the shifting of the investigation.

However it seemed that the city police chief had no intention of shifting the investigation.

“I have not transferred the case to Zone-II,” said Azhar Farooqui, adding that he had directed the DIG, Zone-I, to form an investigation team to initiate the probe.

Zone-I DIG Manzoor Mughal confirmed this and said: “I have constituted a six-member investigation team headed by DSP Gul Hameed Samoo. DSP Tahir Noorani, SIO Chaudhry Nazeer and others will assist him as team members.”

DSP Samoo told Dawn that the complainants were approached after the case was assigned to him, but they appeared reluctant to repose confidence in the investigation team.

“We contacted the lawyers of the KBA, who told the team members that they would record their statements before the investigators of the SSP, Zone-III, which, technically, comes under the jurisdiction of the DIG, Zone-II.”

Due to their non-cooperation, the proper investigation could not be initiated, DSP Samoo claimed.The City Courts police, in compliance with an order of the Additional District and Sessions Judge, South, Mohammad Azim, had registered the FIR (53/07) on May 19 under sections 147, 148, 149, 324, 427, 365/511 and 506-B of the PPC against the Sindh government and leaders of the MQM.

Later, the SHO concerned disposed of the FIR under Section 157-B of the CrPC, stating that the incidents mentioned in the FIR had not occurred in his jurisdiction.

However, the court ruled that under clause 4 of Article 18 of the Police Order, 2002, a station house officer was not competent to dispose of an FIR under Section 157-B of the CrPC. It was also made clear that only the investigation wing was authorised to do so. The court added that the SHO also did not comply with the requirements envisaged under Sections 158 and 159 of the CrPC.

The complainant, Naeem Qureshi, had sought legal action against the leaders of the MQM, the police officials concerned and the government of Sindh in his plea.

It was stated in the plea that on May 12, KBA members were on their way to the Sindh High Court to attend the Supreme Court’s golden jubilee celebrations, which were to be attended by the Chief Justice of Pakistan, Justice Iftikhar Mohammad Chaudhry.

As the lawyers came out of the City Courts in a procession, some unidentified persons opened indiscriminate fire from all sides, forcing the lawyers to disperse into two groups and run for their lives.

He stated that the lawyers were threatened with immolation and the furniture placed in the women lawyers’ common room was already set ablaze. Member of Sindh Bar Council, Noor Naz Agha, was held hostage at gunpoint in a building located at Denso Hall whereas an SBC member, Mohammad Ali Abbasi, and some other lawyers were held hostage in the building of the KBC.

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