HYDERABAD, June 6: Justice Ghulam Rabbani of the Sindh High Court, Hyderabad circuit bench, has appointed the district and sessions judge (DSJ), Dadu, to conduct an inquiry into the illegal detention and torture of a health department official, Noor Nabi Shah, personally or through one of his additional district judges.
The DSJ has been asked to complete the inquiry and furnish his report before the court in six weeks.
The court passed the order here on Thursday after seeing the condition of Shah, who was lifted to the court for production.
Advocate Iqbal Kalhoro had filed a petition on behalf of Shamsuddin Shah, uncle of the detainee, stating that Dadu SHO Mukhtiar Sario had picked up his nephew from the office on May 28 and he was maltreated to such an extent that police had to refer him to the civil hospital for treatment. He added that the detainee, ECG technician in the health department, had not been shown arrested in the police record.
Justice Ghulam Rabbani on June 4 had asked the DSJ to send a judicial magistrate on a visit to Dadu police station for making queries in connection with the petition.
On the DSJ’s directives, Judicial magistrate, Dadu, Sikandar Ameer Pahore, went to the police station and checked the roznamcha (diary) which did not contain any entry about the detention or arrest of Shah.
The magistrate sent his report to the SHC bench, mentioning that there was no entry of Shah’s arrest at the police station and the detainee had been released in serious condition with directives to take him to hospital for treatment.
He asked SHO Mukhtiar Sario and head mohrir Abdul Rasool Siyal, to appear before the court.
Through Additional Advocate General, Sindh, Masood Noorani, the SHO and the head mohrir appeared before the court.
The detainee showed marks of violence on his hip and abdomen which had earlier undergone an operation of appendix. He claimed that the torture had opened the stitches.
The two police officials filed their statements before the court, with some documents, mentioning entry No 40 about the detainee. They also tendered an apology before the court.
The Sindh AAG suggested an inquiry by the DPO, Dadu, in the matter given the fact that it was a division bench matter. Petitioner’s counsel requested for an independent inquiry by a judicial officer.
Justice Ghulam Rabbani disagreed with this contention and observed that since there were conflicting statements in the matter he would pass a tentative order.
He said that entire case, including the memo of petition, documents produced by the police and report of judicial magistrate, Dadu, should be sent to Dadu District and Sessions Judge.