KARACHI, Sept 7: A Supreme Court bench on Friday sought detailed progress reports from the trial courts on different cases pending before them against a prisoner, Nehal Khan Talani, who was reportedly tortured during his confinement.
The bench comprising Justices Rana Bhagwandas, Hamid Ali Mirza and Ghulam Rabbani also directed the provincial police officer to obtain a detailed report from the senior superintendent of the Anti-Violent Crime Cell, Mohammad Farooq Awan, and his subordinates.
The court ordered holding of an inquiry into the allegations of maltreatment and torture of the undertrial prisoner (UTP) and said if it be found true, the police officer involved in it be prosecuted for it.
Pursuant to the order of the chief justice of Pakistan issued on Aug 28, 2007, UTP Talani, father of complainant Dilee Jan, was produced from the Central Prison, Karachi, by ASI Mohammad Moeen Khan before the Supreme Court bench.
The prisoner stated that he was taken into custody on the night of July 6, 2006 in Korangi by an AVCC team headed by SSP Mohammad Farooq Awan and taken to an unknown place.
Brought into the courtroom in a wheelbarrow, the prisoner said he was wrongfully confined, maltreated and subjected to severe torture, which resulted in multiple fractures in his legs.
He submitted that due to the serious injuries, he was admitted to the Kutiana Memon Hospital in Kharadar on Aug 16, 2006, where he remained under treatment for about two weeks and was produced before a judicial magistrate on Aug 30, 2006, who remanded him in jail custody. The UTP claimed that he had been falsely implicated in six blind FIRs without any legal evidence.
The para-wise comments submitted before the SHC in the constitutional petition (1048 of 2006), filed by the complainant on July 15, 2006, indicate that he was involved in three cases at different police stations registered under Section 365-A of the PPC -- one case under Section 302/34 PPC registered at the Ferozabad police station and another under Section 381-A PPC at the Shahrah-i-Noor Jehan police station.
The prisoner, however, stated that the last-mentioned case was pending before the judicial magistrate V, Central, before whom he had never been produced.
According to Nehal, three cases were pending before Judge Ghulam Ali Samtio of the Anti-Terrorism Court I and two before the additional sessions judge II, East, Rana Zaki Shamsi.
He further stated that he had been provided services of counsel in the three cases before the ATC, but he was unrepresented in all other cases.
According to the para-wise comments and annexure, there appears to be a judicial confession of Nehal Khan, purportedly recorded by the civil judge XIII in FIR 343 of 2005 under Section 365-A of the PPC registered at the Sharea Faisal police station, in which he allegedly confessed the act of ‘qatl-i-amad’ (wilful murder) committed along with other co-accused.
The SC bench summoned the record of the admission and discharge of the UTP from the Kutiana Memon Hospital.—APP
