KARACHI: Police on Saturday informed the administrative judge of the antiterrorism courts that South Waziristan youngster Naqeebullah Mehsud and three other persons were killed in a fake encounter by a police team that also framed them in forged cases.

The investigating officer, SSP Abid Qaimkhani, also told the judge that a request had been sent to seek permission from the provincial home department to register a case against the police team under the Sindh Arms Act, 2013 for foisting weapons upon the victims.

The IO also submitted an investigation report under B (bogus) class in five cases registered against Naqeeb, Mohammad Sabir, Nazar Jan and Mohammad Ishaq after they were murdered in an alleged shoot-out on Jan 13 in Shah Latif Town.

The investigation report stated that the then SHO of Shah Latif Town Amanullah Marwat had lodged a case under Section 324 (attempt to commit murder), 353 (criminal force to deter public servant from discharging his duty) and 34 (common intention) of Pakistan Penal Code and Sections 3/4 of Explosive Substances Act, 1908 read with Section 7 of Anti-Terrorism Act, 1997 against the victims.

Permission sought for FIR against police for foisting weapons upon four victims of the Jan 13 encounter

Police had also separately booked them under the Sindh Arms Act in four more cases after allegedly seizing pistols and grenades from them, it added.

The investigation report stated that notices were issued to the complainant and other policemen, but they did not turn up and went into hiding.

It further said that the then SHO claimed in the FIR that he along with his team was on a routine patrol when they got a tip-off about the presence of alleged terrorists of Daesh (the Arabic acronym of the militant Islamic State group) and outlawed Lashkar-i-Jhangvi at an abandoned poultry farm in Usman Khaskheli Goth.

He added that they cordoned off the area, but the alleged terrorists opened fire and hurled hand-grenades at the police and they were killed when police returned fire.

The IO further stated in the investigation report that during the inspection of the crime scene no evidence of projectile trajectory was found and empty bullet casings were placed there after the staged shoot-out while there was no impact on the walls of the abandoned house as well as no proof of hurling hand grenades.

Reproducing the findings of a three-member inquiry committee in the investigation report, the IO said that the Jan 13 encounter was prima facie a coordinated fake/staged shoot-out and according to the alleged encounter’s FIR six police officials were present at the place of the incident while the call date record analysis indicated that former Malir SSP Rao Anwar and members of his team were also present at the place of the alleged shoot-out or within its vicinity.

Referring to the inquiry report, the IO maintained that the criminal record produced by Rao Anwar against Naqeeb before the committee was not his.

He added that since Rao Anwar remained posted in the Malir district for around six-and-a-half years in different stints, there was extreme fear prevailing among witnesses and they were fearful of their security and afraid to cooperate during the inquiry and investigation against the police.

The committee also recommended that protection be provided to the witnesses of the case under the Sindh Witness Protection Act, 2013 and suggested that the investigation of the case may be carried out by another team headed by an additional inspector general of police.

The investigation report further said that police picked up Naqeeb with his two friends from a teashop on Abul Hassan Ispahani Road on Jan 3, kept them in detention and left his friends abandoned later on the Superhighway while he along with three others was killed in a staged encounter on Jan 13.

The shoot-out was fake and baseless and it was a case of extrajudicial killing. A letter had been sent to the home department for permission to register a case against the police party for framing the victims in forged illicit weapons cases, the report concluded.

The administrative judge sent the report to the ATC-II with direction to decide it in accordance with law.

The Supreme Court had also taken notice of Naqeeb’s killing after the incident sparked outrage on social media and protests by political parties, religious groups and rights organisations.

Subsequently, a three-member inquiry committee was formed and then a case was lodged against Rao Anwar and his associates under Sections 302 (premeditated murder), 365 (kidnapping with intent secretly and wrongfully to confine person), 344 (wrongful confinement for 10 or more days), 109 (abetment) and 34 (common intention) of the Pakistan Penal Code read with Section 7 of the Anti-Terrorism Act, 1997 on a complaint of Naqeeb’s father, Mohammad Khan, at the Sachal police station.

DSP Qamar Ahmed, said to be a close aide of absconding Rao Anwar, was in police custody on physical remand in the case while nine other policemen including a sub-inspector had already been remanded to prison.

However, Rao Anwar, Amanullah Marwat, then SHO of the SITE Superhighway police station Annar Khan and around 10 other policemen are still at large.

Published in Dawn, February 25th, 2018

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