• Court issues non-bailable arrest warrants for ex-municipal commissioner, two KMC directors
• Observes suspects failed to remove signboards despite clear directives of apex court

KARACHI: A judicial magistrate on Friday issued non-bailable warrants for the arrest of two directors of the Karachi Metropolitan Corporation (KMC) and a former municipal commissioner of the District Municipal Corporation-Central in a case pertaining to the death of a motorcyclist who was struck by a falling signboard while passing through an underpass in the Nazimabad area last year.

On Aug 28, 2023, a nine-foot high and four-foot wide signboard inscribed with “Dedicated to Mohsin Bhopali” with a monogram of the Karachi city district government had fallen over motorcyclists Muhammad Amir, Kashif and Shahid. They were taken to a hospital where Amir died during treatment.

On Friday, the investigation officer of the case, Sub-Inspector Mujahid Hussain, submitted the final charge sheet before Judicial Magistrate (Central) Madad Ali Khoso against absconding KMC directors —Tasleem and Azhar Ali Shah — former municipal commissioner Akhtar Shaikh and others.

The IO held the suspects responsible for the death of the motorcyclist and injuries to his pillion riders and stated in the charge sheet that they were involved in the commission of offences punishable under Sections 322 (manslaughter), 337-A (i) (hurt on the head or face of any person), 337-F (i) (fracture of the skull), 336 (hurt by corrosive substance), 201 (disappearance of evidence), 109 (abetment) and 34 (common intention) of the Pakistan Penal Code.

The magistrate accepted the charge sheet and directed the SHO of the Nazimabad police station to arrest the absconders and produce them in court on March 18.

“Admittedly, alleged incident was happened due to gross negligence on the part of accused persons where an innocent life was lost,” observed Judicial Magistrate Khoso in his order on the police report filed under Section 173 of the criminal procedure code.

“The accused persons were duty bound to look after signboards installed in their respective areas, but they miserably failed to discharge their duties and tried to disappear evidence of the incident,” the court observed.

“It is undeniable fact that Honorable Apex court clamped a complete ban on the grant of permission to concern authorities to install heavy and lengthy billboard [signboard] beyond sanctioned measurement of hoarding on any portion at public place or property in Karachi and ordered to remove the same from the public places. Despite of direction of apex court above named accused persons being responsible have failed to remove heavy signboard from incident area which was installed for many years therefore they are equally responsible for their omission from their legal duties or unlawful act in accordance with law

The court noted that the record showed that the signboard was installed in 2007-08 with the joint permission of the DMC and director-advertisement. It was also revealed that Tasleem was working as the senior director (Advertisement) in the KMC and Mr Akhtar Shaikh as the municipal commissioner when the signboard was installed.

The court also pointed out that the department concerned failed to cooperate with the IO and from time to time, they had been shifting responsibility against each other. It also observed that officials had employed dilatory tactics in evading responsibility for the incident and attempted to conceal evidence of the case.

The prosecutor argued that the IO had conducted an impartial and fair investigation, and submitted the report under Section 173 of the criminal procedure code.

On the other hand, the defence counsel for the absconders stated that no material worth cognizance was available on record against their clients.

After hearing the arguments and examining the investigation report, the court found that sufficient evidence was available against the suspects. Therefore, the offence was triable in the sessions court, the court said.

“Office is directed to send the record and proceedings of the instant case accordingly after completion of legal formalities by law,” the court ruled.

Published in Dawn, March 16th, 2024