KARACHI: The Sindh High Court has set aside the order of a district court that approved a police report seeking withdrawal of the murder case of a brother of gang-rape victim Kainat Soomro against the accused persons.

A division bench of the high court on Wednesday set aside the order of the judicial magistrate of Mehar on the report submitted by the investigation officer under Section 173 of the criminal procedure code.

The judicial magistrate had on Oct 23 accepted the police report in A-class discharging all accused persons from the murder case of Sabir Hussain Soomro, the slain brother of Ms Soomro.

Also read: The trivialization of rape in Pakistan

Zakia Soomro, mother of the Soomros, alleged that her son Niaz Nabi aka Sabir Hussain Soomro was taken into custody by Ali Hussain, Asad, Manthar Buledi and other officials of the Dadu police in connection with a case registered at the Warah police station on June 29, 2010.

However, she said, her son was kept in illegal detention at the police station, and she was warned to withdraw her daughter’s rape case.

The woman further said that on her refusal, the alleged accused killed her son and later his body was found in Balochistan.

The victim’s mother, represented by Advocate Faisal Siddiqui, approached the SHC through a petition against the withdrawal of the case against the alleged killers of her son.

The bench went through the impugned order of the judicial magistrate and heard the contentions of the petitioner’s counsel.

The court observed: “We have seen the order minutely which demonstrates that at the time of passing this order, not a single opportunity was given to the complainant.”

The bench remarked: “Learned judicial magistrate in his order on the one hand observed that there is a little evidence regarding kidnapping of Sabir Hussain Soomro but he had approved the report in A-Class without considering what was the little evidence available on record.”

In his report, the investigation officer had quoted an inquiry conducted by the committee through the Hyderabad DIG. He also referred to another inquiry conducted by the Larkana DIG through DSP Anwar Ali Gopang in connection with the victim’s abduction.

The bench observed: “The purpose of passing the order on the report submitted under Section 173 of the Cr. P. C is to apply independent mind by the judicial magistrate himself to reach a just and proper conclusion whether matter may be sent to the sessions court for taking cognizance, and for this purpose, he has to see entire material available on record and hear the parties. But it appears from impugned order that nothing has been done in this case and report was approved in A-Class despite observing that a little evidence was available.”

The petitioner’s counsel and the additional prosecutor general requested the court to direct the judicial magistrate to pass a speaking order after considering entire material available on record and after providing opportunity of hearing to both the parties.

While disposing of the petition, the bench ordered: “In view of above, the impugned order is set aside with the direction to learned judicial magistrate to pass a speaking order within a period of 15 days after hearing the parties”.

Report on govt activities in drought-hit areas sought

The Sindh High Court on Friday directed the district and sessions judges of Tharparkar and Umerkot to inquire into the effectiveness of the relief activities being carried out by the federal and provincial governments in the drought-hit areas and submit a report within three weeks.

The court asked the judges to carry out the inquiry either personally or through their subordinate judicial officers within their jurisdiction.

Published in Dawn, November 1st, 2014