ISLAMABAD, Jan 9: The Supreme Court on Friday ordered the Karachi police to register a murder case under Section 302 of the Pakistan Penal Code against four officials of the Anti-Car Lifting Cell who had killed four traders from Chaman in an alleged shootout on Dec 31 in Karachi.
Hearing a suo motu case, a two-member bench comprising Chief Justice Abdul Hameed Dogar and Justice Ijaz-ul-Hassan also criticised the Karachi police for nominating the accused policemen in a case under Section 319 (Qatl-i-Khata or manslaughter) of the PPC instead of lodging an FIR against them under Section 302 (murder or Qatl-i-Amd) of the PPC.
A person involved in a murder case could be punished with death while maximum sentence given under Section 319 is up to five years, in addition to diyat.
When the hearing began on Friday, the SSP Investigations (south zone), Karachi, Niaz Khoso, informed the apex court that police had booked the four policemen of the ACLC – Sub-inspector Irshad, Head Constable Shah Zaman, Constables Mohammed Zaman and Noor Muhammed – under Section 319 of the PPC and the FIR was lodged at Ferozabad police station.
A police report was also submitted in the apex court in which it was claimed that the ACLC officials only returned fire in self-defence when they were fired upon first.
It said that on Dec 31 the ACLC team was put on alert and looking for a snatched black Toyota Corolla car. The police saw a suspected car and tried to stop it near Khalid bin Walid Road but the occupants of the car started firing on the police prompting them to return fire in self defence. Two persons in the car died on the spot while the other two succumbed to their wounds in the hospital.
The Chief Justice observed that it was a matter of serious nature in which apparent negligence was involved. “Call the relatives of the victims’ families from Balochistan and after listening to their point of view register a proper case under Section 302 of the Pakistan Penal Code,” ordered the Chief Justice.
The bench also summoned the Advocates-General of Sindh and Balochistan to appear in court on Jan 16.
The four traders, Haji Mohammad Tahir Achakzai, Obaidullah Khan Tareen, Mohammad Ibrahim Achakzai, and Zainuddin Khan Achakzai, were Dubai-based businessmen and had come to Karachi to celebrate Eid with their families.
Traders and activists of the Pakhtunkhwa Milli Awami Party and Jamiat Ulema-i-Islam (Fazl) had also protested outside the Balochistan Governor’s House against the killing.
Fake domiciles
In a separate case, the Chief Justice ordered the Sindh chief secretary to submit a report within two weeks regarding issuance of fake domiciles in Tando Muhammad Khan.
The directions were given while taking suo motu on a reported protest by the students of Tando Muhammad Khan. Chairman of the Students Action Committee Shoaib Shoro had even alleged that intelligent students had to suffer due to such fake domiciles.































