HYDERABAD: The Fourth Civil Judge and Judicial Magistrate of Hyderabad, Syed Akhtar Hussain Shah, has ordered inclusion of the names of Hyderabad and Khairpur CIA heads, along with two other police officers, in the FIR of an alleged encounter in which a man, Farhan Siyal, was killed by police on March 28.

The judge also ordered removal of Siyal’s name from the column of accused in the FIR.

The order was issued when the judge took cognizance of the case on Monday.

Siyal’s sister Ms Reshma, who had filed an application in court claiming that her brother was killed in cold blood by the CIA official and several other police officers and personnel including two SSPs in her presence at a specified place. She is being represented by Advocate Raja Jawad.

In her application, she has named the then Hyderabad SSP, Amjad Shaikh, and Khairpur SSP Rohail Khoso, as well as three SIs and Phulelli SHO. However, the court did not pass an order for the inclusion of the names of the SSPs, SHO and other policemen in the FIR.

The order said: “… in view of above, discussed prima facie offence is made out therefore, I take cognizance as provided u/s: 190(1)(b) Cr P.C upon final report and order register case u/s 302, 147, 148, 149 of PPC against accused, sub inspector Ayaz Ali Bughio, CIA Khairpur in charge, Hanif Khoso, former CIA Hyderabad in-charge, Muneer Abbasi and one Ramzan Mirani”.

On April 18, court had directed the Hyderabad DIG to form a joint investigation team (JIT) in the case.

The JIT submitted its report before the judicial magistrate-IV who passed the order on the final report submitted under Section 173 Cr.PC.

The court noted that the prosecutor defended the police case claiming that the deceased was a notorious criminal as he was involved in a number of crimes of heinous nature. It also noted that the matter was investigated by ASP- and DSP-level officials and it was prayed that ‘A’ class challan should be approved by court.

The court observed that two separate versions had come to fore; one was the police’s version mentioned in the FIR whereby it was claimed to be an encounter in which two suspects had received bullet injuries … Farhan Siyal received wounds on his chest and a 30-bore pistol was recovered from him. He was shifted to a hospital where he died of wounds.

The second version, the court pointed out, was statements of Ms Reshma and Sajjan, sister and brother of the deceased, respectively, as recorded by the investigating officer in compliance of the court’s order. The judge discussed some points including whether the accused turned hardened criminal in one day; the answer is a definite ‘no’. He pointed out that the criminal record showed he [Siyal] had committed an offence in 2014 and then he remained silent. He started criminal activities in 2023 again.

The judge wrote in his order that the “other question is whether police are authorised to kill criminals … definitely ‘no’ because the law of land specifically provides that criminals should be produced in courts if involved in crimes which is their right guaranteed under Constitution”.

The judge also pointed out that the police stated Farhan received injuries at the hands of his accomplices; and police interestingly did not receive any injury. As per Siyal’s postmortem report, he received injuries on his back while the memo of injuries showed the accused received injuries on chest side and shoulder.

“Moreover, the version of Mst. Reshma Siyal is more reliable than the police party as such a version is supported by eyewitnesses of the incident namely, Sajjan and Naseem,” the order said.

“There is sufficient evidence available on record in the shape of direct evidence against the police party who managed encounter and murdered Farhan Siyal,” added the order.

Published in Dawn, November 21st, 2023