CJP asks advocate general to discuss compensation with Amal Umer's parents

Published October 26, 2018
10-year-old Amal Umer died after being hit by a stray bullet during an encounter in Karachi's DHA area. ─ Photo courtesy Beenish Umar
10-year-old Amal Umer died after being hit by a stray bullet during an encounter in Karachi's DHA area. ─ Photo courtesy Beenish Umar

As the Supreme Court on Friday resumed hearing a suo motu case on the tragic Aug 13 killing of 10-year-old Amal Umer in Karachi, the Chief Justice of Pakistan Mian Saqib Nisar asked the advocate general to discuss compensation with the victim's parents.

A three-member bench, headed by CJP Nisar, is hearing the case at the SC Karachi registry.

During a previous hearing, the top court had directed the committee to identify specific lapses on the part of the hospital and the police.

Members of a committee constituted to submit recommendations, private hospital representatives, police officials and the parents of the deceased appeared before the court today.

Members of the committee informed the bench that police had submitted their report yesterday so they need time to review it.

He also directed the advocate general to speak to Amal's parents regarding the matter of compensation, adding that if they didn't wish to accept compensation, they could consider depositing the money in the dam fund.

The CJP remarked that Amal may be no more, but her sacrifice would not be in vain. "We want to do something for our daughter," he said.

How the system failed Amal

Amal Umer was shot during an alleged crossfire between police and robbers that occurred in Karachi's Defence area last month.

After she was shot, Amal's parents, who were in the car with her, took her to National Medical Centre (NMC) where she passed away after being denied medical treatment.

According to her mother, the hospital told the injured girl's parents to take her to Jinnah Postgraduate Medical Centre or Aga Khan Hospital. NMC also refused to arrange an ambulance for Amal, who had suffered a head wound.

Initially, police held a robber responsible for the killing. However, Deputy Inspector General (DIG) South Javed Alam Odho later admitted that the bullet that killed Amal was fired by a policeman.

Take a look: How the system failed us

Police claimed to have arrested a suspect who they said was a part of the gang that had interrupted Amal's family on the fateful day.

According to police, Khalid was arrested on Sept 24 in some other cases. During questioning, the suspect disclosed his involvement in the girl’s murder and robbing her parents and others, they added.

A case was lodged under Sections 397 (robbery or dacoity with attempt to cause death or grievous hurt) and 34 of PPC read with Section 7 of ATA on the complaint of victim’s father at Defence police station.

A second case was lodged on the complaint of constable Babar Shahzad under Sections 324 (attempt to commit murder), 353 (assault or criminal force to deter public servant from discharge of his duty) and 34 of PPC.

The police had also lodged another case against the same incident pertaining to unintentional killing of Amal Umer naming two policemen.

The police claimed in the investigation report that one of the suspected robbers was also killed in the encounter, but the prosecutor in his scrutiny note had cast doubts on the alleged shoot-out and questioned why the offence of murder was not invoked in the charge sheet.

The ATC-VIII judge, who is hearing the matter in the judicial complex inside the central prison, summoned the investigating officer and the assistant deputy prosecutor on Nov 2.

On Sept 17, the CJP took notice of the death of 10-year-old. The CJP's notice comes days after Amal's mother Beenish Umer's account of the incident appeared in Dawn. The suo motu notice concerns the "irresponsible firing" by the police as well as the "failure of [a] well-known medical hospital to provide emergency medical aid as required by the law".

Subsequently, the apex court had constituted a special committee to suggest composition of an inquiry team for identifying negligence on part of the police and private hospitals in dealing with emergency situations.

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