HYDERABAD, Sept 5: Sindh High Court, Hyderabad Circuit Bench, on Thursday ordered reinvestigation of a couple’s murder case of 2006. The investigation would be conducted by the DPO or by an honest officer by examining witnesses of petitioner or by collecting other evidence and submitting the challan.

Justice Amir Hani Muslim passed the order on a petition filed by Syed Agha Ashiq Ali through Jawed I. Bukhari advocate against Inspector Irshad Soomro of Crime Branch, AIG Crime and Investigation, Hyderabad region, and SP Investigation and against order of the civil judge and judicial magistrate-X.The petitioner had lodged an FIR at Hussainabad police station stating that his daughter Fahmida Bibi was married to Syed Shafi Mohammad Shah alias Lala Shah 15 years back. The couple had six children.

On December 18, 2006, his daughter and her husband Syed Shafi Mohammad Shah alias Lala Shah were murdered at home said petitioner adding that he reached there while his son Asad Ali Shah called police.

He said that Shafi Shah’s brother Mumtaz Ali Shah told him that he would not allow police to take bodies for autopsy. However, post-mortem was conducted after which he received the body of his daughter and Mumtaz took away that of his brother. He said that he lodged a case alleging that his daughter and son-in-law had been murdered at the instigation of Mumtaz by his brother Sher Mohammad Shah and that prior to the double murder, both of them had attempted to murder his son-in-law.

He said that Mumtaz, Sher Mohammad and another accused Syed Turab Ali Shah obtained interim bail from the Sindh High Court, Karachi.

He said the accused used influence on police and on his complaint, investigation was transferred to Crime and Investigation Branch.

He said inspector Sardar Khan Mengal collected solid evidence against accused and when investigation was nearing conclusion, it was entrusted to SP Aftab Abbasi, a junior officer who diverted the probe in wrong direction.

The petitioner then wrote to the chief secretary of Sindh on which his deputy secretary (staff) through a letter asked AIG Crime and Investigation why inquiry officer was changed. But no reply was given to the CS Sindh.

He said that the Crime Branch then handed over the inquiry to inspector Irshad Soomro who too, was under the influence of accused and did not carry it out honestly.

He recommended that case should be challaned under A-class (untraceable) before judicial magistrate-X. The magistrate accepted it under section 173 Cr.PC without giving notice to him, he said.

His counsel argued that inspector Soomro conducted dishonest investigation and destroyed the case. He alleged that inspector had become a tool in the hands of accused.

He contended that as per allegations accused had committed heinous offence and sections of FIR were to be tried by the sessions judge thus judicial magistrate while accepting summary committed gross illegality and acted beyond his jurisdiction.

He said that section 173 of the CrPC does not allow acceptance of the summary as opinion of police was not binding upon court. He said that case was not sent to trial court.

He requested the court to set aside the order of judicial magistrate-X and re-investigation of case should be conducted by some honest police officer for submitting fresh challan.

Justice Muslim ruled that the order which was impugned in the proceedings by petitioner would not come in the way of officer who would reinvestigate the case.