SHC issues notices to Dadu DPO, nazim: PPP worker’s killing

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HYDERABAD, Feb 27: The Hyderabad circuit bench of the Sindh High Court on Tuesday issued notices to Dadu DPO, SHO, District Nazim Karim Ali Jatoi, his uncle Sadaqat Ali Jatoi and their guards, asking them to appear in court on March 4 in connection with two constitutional petitions filed against them.

The petitioners Abdul Aslam Qureshi and Abdul Karim Mallah represented by Allah Bachayo Soomro advocate challenged cancellation of an FIR against the respondents and accused them of gunning down a supporter of Pakistan People’s Party during election campaign in Dadu on Feb 8.

Mohammad Aslam Qureshi said that on Feb 8 he and his nephew Shahjehan, son of Abdul Sattar Qureshi, were going to the house of their relative Sardar Rafiq Ahmed Jamali, PPP candidate for NA-232, when they heard gunshots and saw a procession coming from Cinema Road.

The district nazim and his uncle Sadaqat Jatoi who were coming ahead of the procession in a vehicle spotted them and shouted the PPP supporters should not be spared, he said.

At his instigation, Karim Ali Jatoi fired shots, hitting Shahjehan at his chin and the right side of the neck before fleeing. Shahjehan later died in hospital, said Mr Qureshi.

He said that he rushed to police station to lodge an FIR but the SHO went away to DPO’s office and did not return. In the meantime, the SHO filed an FIR on behalf of the state stating that Shahjehan and others were injured in an exchange of fire.

When he met him the following day he refused to lodge the FIR, saying he would not register a case against government officials, he said.

Mr Qureshi said that he then approached the court and the additional session’s judge-II adjourned the matter to Feb 12. Meanwhile, the district nazim and his uncle filed an application taking the stand that the second FIR of the case could not be lodged.

The SHO also opposed the second FIR and submitted a copy of the first FIR, stating that Shahjehan had received injuries in an exchange of fire.

The judge, however, rejected their stand and ordered registration of the petitioner’s case, which was finally lodged on Feb 13, Mr Qureshi said.But he was shocked to learn on Feb 16 that the SHO had, under section 157 Cr.PC, sought cancellation of the second FIR in the court of judicial magistrate and civil judge-II on grounds that the first FIR of the case had already been filed.

The SHO submitted a report to an administrative judicial magistrate who was looking after the matter in the absence of concerned judge, he said.

The petitioner said he opposed the move and told the magistrate that he wanted to transfer the matter to the magistrate concerned.

He filed application for transfer with session’s judge and a notice was served on the administrative magistrate but he had gone on leave by then taking away papers with him, he said.

The administrative magistrate unnecessarily agreed with the SHO’s report, causing miscarriage of justice.Under section 302 the case was to be tried by a session’s judge, he said.

He said that the SHO, in collusion with district nazim and his uncle, filed a false report and prayed the court to declare proceedings initiated by the SHO as illegal. The magistrate’s order should also be declared illegal and the SHO should be directed to transfer the second FIR to the investigation team, he said.

Under an identical petition filed by Abdul Karim Mallah, the president of the Dadu chapter of Pakistan People’s Party, the court issued notices to district nazim, his uncle, DPO and SHO.

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