HYDERABAD: Additional District Judge-VII has issued notice on an application, seeking registration of FIR against respondents over their failure to comply with court’s order for formation of an inquiry team to probe extrajudicial killing of a suspect by Hyderabad and Khairpur police.

The court asked on Wednesday all the respondents to appear in court on May 13.

The application was filed by Ms Reshma, sister of a suspect Farhan Siyal, who was allegedly gunned down by police in a staged police encounter on March 28.

Ms Reshma, who was represented by Raja Jawad advocate, had nominated DIG Police Hyderabad Pir Mohammad Shah as an accused in the FIR she was seeking. Inspector General of Police (IGP) Sindh was cited as respondent in the case.

She said that she had evidence available with her and proof that Rs10 million were paid as ransom to police for her brother’s release but even then he was not released and murdered forcing her to file the application under section 22 A & B of Cr.PC seeking registration of FIR and formation of joint investigation team (JIT).

She said that on April 18 the court had passed the order in the light of the apex court’s Sughra Bibi case as reported in Pakistan Legal Decisions of SC 595. The court had passed such directives to the respondents, she said.

She said that the proposed accused had violated court’s order and did not pay heed to the directive to constitute the team and submit report by May 10. The official had failed to comply with both directions, she said.

She said that DIG being a responsible officer had failed to discharge his duties in accordance with law and demonstrated contemptuous attitude towards the court.

She prayed the court that the respondent IGP should be directed to appoint a police officer to register case against DIG Hyderabad and till then he be stopped from influencing the case.

She requested the court to direct the respondent to suspend the DIG till investigation in her FIR filed at Phulelli police station was completed. IGP Sindh should be directed to constitute JIT comprising officers of police, Rangers, MI, ISI and other members of law enforcing agencies, she said.

The judge had ordered formation of a team of two police officials - not below the rank of ASPs - from any district other than Hyderabad or the same division who would conduct a thorough investigation into the alleged police encounter.

He ordered that the team consider all aspects of the case and especially the applicant’s version. All parties had the right to produce evidence in support of their claims and the team would be at liberty to call for verification of all sorts of evidence including weapons, bank accounts, mobile phones, cause of death including exhumation of body (of the deceased Farhan Siyal), he said.

The entire exercise should be completed within shortest possible time and the report be submitted to magistrate on or before May 10. The court said that if the team could not complete the investigation within time it could seek extension in time from the magistrate concerned after giving valid reason.

The judge passed the order on Ms Reshma’s application, who sought registration of FIR against Hyderabd SSP Amjad Shaikh, Khairpur Mirs SSP Rohil Khoso, Hyderabad CIA in-charge Muneer Abbasi, Khairpur Mirs CIA in charge Hanif Khoso, sub-inspector Ayaz Bughio and others for his brother’s murder by Hyderabad and Khairpur Mirs police in a staged encounter on March 28.

She had then filed an application with the DIG’s office asking him to constitute the JIT as per the judge’s directive. She also moved an application under section 176(ii) Cr.PC for exhumation of her brother’s body.

She said in her application that Farhan was kidnapped and police officials demanded ransom, which was paid by her family members. But even then he was not released and shot dead in front of her and other witnesses. He was booked in a false and concocted FIR, she said.

She said that at the time of his death he was injured but medico legal officer did not mention his nature of injuries inflicted through torture because of the influence of high ranked officials.

She said the injuries mentioned in his post-mortem report were not the actual ones and it was necessary to exhume the body to determine real facts.

Published in Dawn, May 12th, 2023