HYDERABAD: A division bench of Sindh High Court at Sukkur has rejected the bail application of an accused Fayyaz Shah, in the murder case of a nine-year-old housemaid, Fatima Furiro, who was found dead in the mansion (haveli) of a revered family in Ranipur town of Khairput district.

Furiro was hired to work in the mansion. Her mother, Sabnam, has accused Asad Shah and his wife Hina Shah of her daughter’s murder. Fayyaz Shah is father of Asad Shah.

The bench comprising Justice Mohammad Iqbal Kalhoro and Justice Arbab Ali Hakro in its four-page order, authored by Justice Kalhoro, dismissed Fayyaz Shah’s bail application and directed the trial court to examine material evidence within a period of three months after which the applicant could file a fresh bail application.

“Complainant was extremely poor whereas accused were influential and wielding control over entire district machinery,” said the order. Nine injuries were found on her body and it was confirmed that she had been sexually abused before her death. Marks of violence on her private parts were confirmed to be old ones.

Bench rejects bail plea of prime suspect’s father, observes accused wield control over entire district machinery

The court said the argument of additional prosecutor general and complainant’s counsel carried weight and the investigating officer (IO) also conceded it. “It is prima facie apparent this case was mishandled by police from very onset and directives given by superior courts regarding DNA samples have not been followed,” read the order.

It said whatever could be gathered in hasty investigation embodying DNA profile of minor, it showed mixed male DNA profiles were found in semen stain retrieved from her clothes which was prima facie indicative of fact she was sexually abused not by one person but many, therefore, active participation of applicant in committing heinous crime, leading to her traumatic death, could not be ruled out.

The court said despite non-cooperation of district machinery and inability of police to preserve medical evidence intact and get lab reports done properly there were circumstances which showed active involvement of applicant in the offence that carried capital punishment.

The court noted that Fatima’s DNA samples for the purpose of matching profile with DNA samples of accused were collected and sent to a laboratory of Liaquat University of Medical and Health Sciences (LUMHS) but were mishandled and tampered with and then sent to a laboratory in Karachi University. From there, the samples were sent to the Punjab Forensic Science Agency, Lahore, for DNA profile.

A joint investigating team (JIT) recorded statements of servants at the mansion who confirmed torture of the minor girl. The fact that the minor was actually given in guardianship/supervision of applicant Fayyaz Shah, as a domestic help, was also confirmed.

The investigating officer (IO) of the case said applicant did not cooperate in the investigation and refused to produce a phone and laptop for forensic examination. When he was asked to provide record of CCTV footage of the house, Fayyaz Shah claimed that he had already ‘destroyed’ the same. He was subsequently arrested.

His counsel, Qurban Malano, argued that his client’s name was not mentioned in the FIR and the body was found in the house of his son-in-law. The injuries to the deceased were not verified by doctor in the final report, Shah maintained. According to him, the final report of deceased showed that she had died of cardiac failure and there was no allegation of conspiracy against him.

He added that even in further statements, the applicant was not held responsible for her death while DNA reports were still awaited which needed further inquiry thus he was entitled to bail.

Nisar Bhanbhro, the counsel for complainant Shabnam, opposed granting of bail to Fayyaz Shah, saying that he was the main accused as he had handed over Fatima’s custody to his daughter, Hina Shah. He submitted that the deceased minor was tortured in his daughter’s house.

Published in Dawn, November 26th, 2023