KARACHI, Sept 13: A magistrate has observed that the FIR of complainant SP Chaudhary Muhammad Aslam Khan, the former chief of Lyari Task Force who was booked in the fake encounter and killing of a man allegedly involved in numerous cases of kidnapping for ransom and murder, was “false” and endorsed the investigating officer’s opinion for the disposal of FIR under “B” class, allowing him to proceed against the complainant and others, according to law.

This was the conclusion as drawn by Mr Mohammad Ahsan Khan Durrani, Civil Judge and Judicial Magistrate, Malir in his final report under Section 173 CrPC in FIR 101/2006 for the offence under Section 353/324/186/34 PPC.

In his final report, the judicial magistrate has dealt with the statement of complainant which was incorporated in the FIR at Gadap police station in which he had spelt out the modus operandi of the alleged encounter with Mashooq Brohi and his accomplices.

The magistrate has noted that the FIR was investigated but except for the present one, the remaining two did not bother to consider the legal aspect in respect of Section 173 CrPC compliance and they kept the investigation process with them, like junk papers. He condemned this attitude.

During the course of investigation, IO Raja Tariq found that the FIR was not true and the version given in that was “managed one”. The magistrate has observed that “perusal of the police file reveals that the complainant party’s version is not free of infirmities; hence the opinion of the IO appears to be cogent.”

The magistrate in his final report raised the point that not a single empty was shown collected from the place of incident though according to the complainant party’s version heavy encounter took place between the police and the accused.

“Surprisingly, in spite of such a heavy encounter, three companions of the accused had escaped,” he said.

Moreover, the magistrate’s report has expressed doubt over the role of the first IO Dilwar Hussain because he had inspected the place of incident on July 13, 2006 at 1600hrs, instead of soon after receiving the FIR.

According to the complainant, the alleged incident took place in the jurisdiction of Gadap police station but in spite of prior spy information, the complainant did not maintain entry register of the police station about the movement with heavy police contingent in the area of Gadap police station.

Interesting aspect of the complainant version was that ASI Iqbal Niazi of Kalri police station was shown associated with him at the alleged place of incident and had participated in the alleged encounter. But IO’s progress revealed that the concerned ASI had left Baghdadi police station at 1430hours, together with SHO/Inspector Nasir Hussain and other police staff for joining Ch. Aslam in Gadap.

The said police party returned to its station at 2230hours. But it was contrary to the facts mentioned in FIR No: 212/2006 and 213/2006 of Kalri police station. In these FIRs, the same ASI Iqbal Niazi was shown as complainant and the incident of police encounter with criminals was shown on that date at 2100hours. Thus the report raises the question as to which version was correct and expressed doubt over the presence of ASI Niazi with SP Chaudhary Muhammad Aslam Khan.

According to the IO, when he had submitted the memo at the office of the FSL, inspector Sarwar Khan, in his absence, had tried to replace the memo. Such disclosure of the IO was “extending another shock to the complainant version”, the final report says.

According to the report, quoting IO progress, the deceased was Noor Muhammad alias Nooral alias Rasool Bukhsh Brohi instead of Mashooque Brohi and DNA test report was available with the police file. According to IO, Police Constable Hidayatullah was on casual leave for 14 days and he was not present with the police party in the alleged incident. But his name has been shown in the FIR.