KARACHI: A sessions court issued on Friday a show-cause notice to the station house officer of the Mauripur police station to explain why he might not be proceeded against for not producing witnesses to testify against alleged Lyari kingpin Uzair Baloch in a 15-year-old case pertaining to attempted murder and encounter with law enforcers.
Uzair Baloch, the chief of defunct Peoples Amn Committee, has been charged with assaulting law enforcers with intent to kill them in March 2006 within the jurisdiction of the Mauripur police station.
He is currently facing dozens of cases of murder, attempted murder, kidnapping, extortion, encounter with law enforcers and other offences.
Judge orders registration of case against police officers in cop’s suicide case
On Friday, the matter came up before additional district and sessions judge (South) Faraz Ahmed Chandio for recording testimonies of the prosecution witnesses against Uzair.
However, the investigating officer of the case failed to produce the case property and some relevant material/documents and police papers.
Similarly, the IO also failed to produce the prosecution witnesses for recording their testimonies despite issuance of repeated notices.
The judge was also set to record cross-examination of a witness, Inspector Sajjad Haider, who had lodged the FIR of the incident, but he was not present.
In his examination on March 16 the police official had testified that he had lodged the case against Baloch after his arrest following an encounter with law enforcers in 2006.
The court issued non-bailable warrant for arrest of Inspector Haider to appear on the next date for recording of his cross-examination by the defence counsel.
The judge directed the SSP City to ensure presence of the witness Inspector Haider in court on Aug 9.
The judge also issued bailable warrants for the arrest of two other police officials, who are witnesses in the present case, but had not been turning up to record their depositions despite issuance of notices.
The judge directed the SSP West to ensure presence of the witnesses in court on next date.
According to the prosecution, Uzair Baloch was arrested along with an unlicensed Kalashnikov in Mauripur on Jan 1, 2006 and was subsequently sent to jail. He, however, absconded after obtaining bail from court, it added.
The court record showed that the witnesses had appearing before the court late after the hearing of the case in order to skip recording their testimonies since April.
It further showed that the trial in the present case had already suffered inordinate delays due to absence of Uzair Baloch since the army had taken over his custody in April 2017.
In February this year, he was finally produced before the court after the army returned his custody following completion of his trial in an espionage case in which he was handed down 12-year imprisonment for spying for Iranian intelligence.
Order to register FIR against police
A sessions court on Friday directed the senior superintendent of police (South) to get statement of an applicant recorded and a case registered against senior police officers regarding suicide of a police sub-inspector due to alleged victimisation, if any cognizable offence was made out.
Additional district and sessions judge (South) Naseer Noor Khan passed this order on an application filed by Sajjad Ali under Section 22-A of the criminal procedure code.
The judge also directed the Mithadar SHO to take statement of the applicant on record and apply his “independent, honest and fair mind”.
“If a cognizable offence is made out, then the statement be incorporated under the Section 154 of the Criminal Procedure Code and in case non-cognizable offence is made out, then entry be effected in the book under the Section 155 of the CrPC,” the judge ordered.
The judge further ordered the SHO to place a copy of the same before the judicial magistrate concerned for passing of appropriate orders.
However, the judge said criminal proceedings may be initiated under Section 182 of the CrPC against the applicant, if the complaint was found to be false.
The SSP South was directed to ensure compliance with these directives.
The applicant Sajjad Ali had approached court against SSP South, SP Complaint Cell and SHO PS Mithadar for allegedly not entertaining his applications to conduct an inquiry against the senior police officers, who were responsible for “suicide” of his father, SI Muzaffar Chandio.
SI Chandio had committed suicide by setting himself on fire outside the Central Police Office in Karachi on April 26 due to ‘victimization’ by his senior colleagues.
Before committing suicide police and Rangers officials had recorded statement of the deceased, who in his “dying declaration” had nominated DSP Ayaz Danhwar, accountant Gulzar Khan, Darya Khan and Imran Ali, for implicating him in fake inquiries that led to his dismissal from service.
Published in Dawn, July 31st, 2021