KARACHI, July 8: The SHO Dhabeji and the in charge CIA Thatta have been put on notice for July 27 in a suit filed by the widow and other heirs of deceased Muhammad Hameed alias Amir Jokhio who died in the lockup of CIA Centre Thatta.
The suit, under the Fatal Accidents Act, has been filed by Nasir and Aamir Maqsood, advocates, in which the above-named officials and some others have been made respondents.
According to facts of the case, on June 20, 2001 between 8 and 9pm the defendant No 2 came to Shaikh goth near Steel Town and informed the elders that Amir Jokhio, a resident of the village, was required by police in connection with some investigation. He had promised to release Jokhio the next day. Accordingly, Jokhio was handed over to the defendant No 1.
When Amir Jokhio did not return the next day, his brother Ramzan went to Dhabeji police station about 11pm to inquire about his brother, but he was told that his brother had been taken by the defendant No 2 for further interrogation by the defendant No 3 at the CIA Centre, Thatta.
Ramzan further went to see his brother at the CIA Centre lockup, Thatta, where he overheard the cries of Amir Jokhio coming from the lockup, as Amir was allegedly being beaten mercilessly there. Brother of the deceased caught hold of the defendant Nos 2 and 3, who came out from the lockup, and complained to them about the beating of his brother. He was snubbed and was asked to leave the lockup immediately.
But to the utter surprise of the plaintiffs and other villagers on June 23, 2001, a message was received from Dhabeji police station intimating that Amir Jokhio had died in the lockup of CIA Centre, Thatta, and his dead body was lying at Civil Hospital, Thatta.
They reached there and insisted on post-mortem when they noted marks of torture, assault and maltreatment on the body of the deceased. The neck of the deceased was also found to be broken and unstable due to alleged use of third- degree method on him during his custody at the hands of the defendant Nos 2 to 5.
The defendant Nos 2 and 3 allegedly pretended that post-mortem had already been carried out by the defendant No 6 in the night. This statement further created suspicion in their minds and they all started agitating and protested against such brutal killing of the deceased at the hands of the defendants.
Villagers and legal heirs of the deceased received the dead body and rather than taking it to their village straight away took it, through a long march, to Thatta Press Club, and asked the higher authorities to issue directives for lodging FIR against the defendants/responsible police officers for the offence of causing death of Amir Jokhio by their maltreatment and torture.
Accordingly, an FIR was lodged on the complaint of Muhammad Ramzan, under section 302 of PPC, at Thatta police station vice FIR No 82/2001.
It transpired from further investigation that when the defendant Nos 2 & 3 found the deceased, Muhammad Hameed alias Amir Jokhio, dead due to heir alleged brutal torture, they, in collusion with each other, implicated the deceased in a false case in crime No 12/2001 under section 17 of the Hudood Ordinance at Dhabeji police station. The defendants were also accused of tampering with the record.
The SDM Thatta, who conducted an inquiry, in his report, submitted that “The cumulative effect of all file evidence in the case leads me to a sure conclusion that there are clear sign of gross negligence/misconduct, abuse of law and power on the part of file police officials. The elusive deposition of the CMO and of other procedural and legal deficiencies committed by file police officials be condoned and it smells like a collusive arrangement of officials. The conduct of the police officials subsequent to the event, coupled with other irregularities and circumstantial evidence, creates serious suspicions in the mind about the version put forth by police.
“I therefore indict the police officials namely Inspector Khalid Shah and others of the CIA for their culpability, guilt and abuse of authority resulting in the death of an innocent person and hereby recommend severe legal and administrative action warranted in this behalf. I also recommend that a strong displeasure be conveyed to the CMO for his far from professional attitude.”
On submission of this report by the SDM before the District Magistrate Thatta Shakil Hassan Naqvi, the latter ordered the SSP to register the case under section 302 of PPC. But till today legal heirs of the deceased had not received any notice in respect of the said criminal case nor had they been called to associate with the investigation.