HYDERABAD, Sept 16: The Hyderabad circuit bench of the Sindh High Court has upheld the order of additional sessions judge-I of Mirpurkhas and directed a petitioner to lodge an FIR at Old Mirpur police against the policemen who were involved in death in custody of his uncle.

The petitioner Mohammad Ismail Dal said that ASI Roshan Ali Leghari, police constables Qasim Narejo, Nawaz Narejo, Ali Khan Narejo and one Ghulam Hyder Narejo arrived in their village on June 15 in search of his uncle Ahmed Khan.

As soon as they met him the policemen started beating him up, he said and added that when he asked the ASI Roshan Ali why were they doing so they replied that they were doing it on the directives of SHO of Town police station Ayub Dars.

They policemen threw him into the mobile and left. He rushed to the police station and met the SHO, who told him that his uncle had been shifted to Mirpurkhas Civil Hospital after his condition deteriorated.

A doctor at the hospital told him that ASI Roshan Ali had brought the body to hospital and added that the body had sings of torture and blood was oozing out from its ear.

People in Mirpurkhas took to the streets when they learnt about the custodial killing but the DPO assured them that the policemen who were involve din the crime would be taken to task.

For days peoples kept their business closed in protest but the DPO just bided his time and did not bother to get an FIR registered.

Then, he moved an application under section 22-A and B Cr.PC before the sessions court and the additional sessions judge-I invited comments from the SHO of Town police station on the charges.

The judge also ordered the SHO to record statement of applicant and if any cognisable offence had been made out the FIR should be registered on July 8, 2008.

The petitioner said that when he showed the SHO a copy of the judge’s order he argued before the court that the offence had taken place in the jurisdiction of Old Mirpurkhas police station, therefore, the police station concerned should be asked to comply file an FIR.

He said that he informed the judge that in order to save policemen the SHO was deferring recording his statement as per court directives.

He stressed that since the custodial killing took place in Town police station, therefore, the FIR should be registered there.

Under the court’s directive a contempt of court application had been filed and notices had been issued to SHO but he did not appear in court, which then asked the SHO of Old Mirpur police station to lodge the FIR.

His counsel argued that the murder had taken place in Town police station therefore the FIR should be registered at the same police station and not at Old Mirpur

He said that the ADJ-I passed the order at the instance of DPO and SHO to save police officials. Ahmed Khan was murdered at the instance of Ghulam Hyder, a close friend of SHO Ayub Dars and ASI Roshan Ali Leghari, he alleged.

He said that the ADJ modified his order without assigning reasons and without considering law and prayed to court to set aside ADJ’s order dated Aug 5 and issue necessary directives for registration of FIR against the policemen, who had murdered his uncle.

Additional Advocate General Sindh Allah Bachayo Soomro filed statements of DPO and SHO and argued that the offence had taken place within the jurisdiction of police station Old Mirpur therefore a reference was made to ADJ-I.