HYDERABAD: Justice Salahuddin Panhwar of the Sindh High Court’s Hyderabad circuit bench on Friday directed the inspector-general of police to comply with the Supreme Court’s directives, passed in Haider Ali case, regarding reforms in police and submit a report in this court within two months.

The court passed a detailed order while hearing a criminal appeal filed by a convict, Bahram Burdi, whose minor niece, Salma Burdi, was handed over to her parents by the Sanghar Darul Aman administration seven years ago under a magisterial order. The girl and the area police resisted the handover on the ground that her life was under threat from her parents but the magistrate concerned did not entertain their arguments. The girl has been missing since then.

On June 14, while hearing Bahram Burdi’s appeal, filed through advocate Tariq Shah, Justice Panhwar expressed concern over the girl’s disappearance and directed the IGP to form a committee (headed by the Shaheed Benazirabad SSP) for her recovery and take action against the police officers who failed to recover her.

SSP-led committee’s report

On Friday, Shaheed Benazirabad SSP Tanvir Hussain Tunio appeared in the court and submitted an interim report for court’s perusal along with the notification regarding formation of the committee. The report stated that efforts are under way to prepare a complete list of her relatives, either in Sindh or Balochistan, who might have knowledge of her fate.

It said that all police stations concerned had been told to revisit the record of unclaimed bodies recovered from Rohri Canal after she went missing. A special team of the Nawabshah police was assigned the task of verifying the record.

The SSP’s report stated that the girl’s mother, being a co-accused in the case, was absconding and help of the Intelligence Bureau (IB) was being sought to trace her.

He sought one month’s time to submit a progress report.

Relying on a report dated June 23, 2010, the SSP said it was apprehended that the girl might have been murdered.

He said disciplinary proceedings were being initiated against the [then] Sanghar SHO for his negligence.

The court found that there was no system [in place] to determine negligence committed by police officials/officers to monitor investigations to avoid technical irregularities or illegalities normally conducted by investigating officers not being aware of legal positions and directives issued by the apex court. Sometime it failed prosecution, it observed.

2015 SC verdict invoked

Advocates Sajjad Ahmed Chandio and Ali Ahmed Palh — who appeared in court as amicus curiae — referred to SC’s Haider Ali vs DPO Chakwal (2015 SCMR 1724) case in which the apex court had observed that a universal access number (UAN) and website should be provided to the general public for filing complaint(s).

The court reproduced paragraph-9 of the SC verdict also detailing 15 guidelines/directives for police reforms which include a mechanism to encourage the general public to make complaints against negligence or excesses by police officials and appropriate actions.

Justice Panhwar granted one month’s time to SSP Tunio to do the needful and asked him to investigate the matter and submit a concrete report/evidence in court.

The IGP and home secretary were asked to ensure that guidelines provided by the apex court in the Haider Ali case were complied with in letter and spirit within two months and submit a compliance report in this court. It directed the Sanghar SSP to complete departmental proceedings against delinquent police officers and submit a report.

Earlier order modified

The court was informed that police officers were submitting reports about progress of the case and the Sanghar SSP had filed a constitutional petition against Sanghar magistrate’s order, therefore, the court modified its earlier order restraining him from conducting disciplinary proceedings against Sanghar superintendents of police. The court adjourned the matter to Aug 7.

Published in Dawn, July 1st, 2017