ISLAMABAD, Nov 13: The Supreme Court on Monday rejected the explanation given by the government for transferring a police officer from Okara whom the court had deputed to investigate the murder of a woman.

A two-member bench comprising Chief Justice Iftikhar Mohammad Chaudhry and Justice Saiyed Saeed Ashhad was hearing a complaint filed by Shehnaz accusing ex-Naib Nazim Abbas Raza Rizvi of raping her younger sister Mehnaz Fatima, who, as a result became unwed mother. Later, the complainant was murdered.

The bench was told that the federal government had not moved any summary for the transfer of District Police Officer, Okara Dr Usman Anwar to the Federal Investigation Agency (FIA) from the Punjab police.

The police officer was selected among a panel of four police officers for his relocation as a personal security officer of the prime minister, but the security officer was later appointed from outside the panel, and Dr Usman was recommended to be transferred to the FIA on verbal orders.

At the last hearing the bench had summoned the summary under which the DPO Dr Usman Anwar was transferred to the FIA from the police department.

Establishment division’s reply is not acceptable, the bench observed. It is a common practice under the law that a summary is always moved whenever officers are transferred from one department to another.

At the outset Deputy Attorney General Nahida Mehboob Ellahi informed the court that the transfer of Dr Usman was kept in abeyance when the government learnt that he was investigating an important murder crime in Okara.

Joint Secretary Establishment Division Muhammad Aftab Mehmud meanwhile assured the court that October 12 notification of transferring the officer would be revoked. The chief justice observed that this had become an important case since the world was watching it.

During the preliminary hearing senior advocate Abdul Hafeez Pirzada, who was assisting the court as amicus curiae (friend of the court) reminded that so far the apex court had not impleaded Mehnaz Fatima as a party in the case though the victim had submitted an application before the court to substitute her by replacing the application of elder sister Shahnaz. Apparently objections were filed by the respondents on Mehnaz’s application, he said.

“We have to determine whether the court can shut its door to a poor lady who has knocked its doors after exploiting all means available to her,” the chief justice observed adding the court had extended its jurisdiction for providing relief and to restore its image among the people.

The case has a chequered history with many discerning facts, Pirzada argued adding as science advances modern technology like DNA tests could be relied upon for the settlement of paternity dispute like the court did by relying on the recordings of the close circuit televisions while deciding the case of storming of the court by the PML leaders during Nawaz Sharif period.

He also conceded that the instant case involved enforcement of fundamental rights as it had become a case of public importance.

Pirzada also informed the bench that a paternity suit had also been filed before a trial court by Abdul Ghafoor who claimed that he married the girl but soon divorced her.

Advocate Akram Sheikh representing Abbas Rizvi pointed out that Mehnaz Fatima had also filed a separate application for the withdrawal of her application.

In her complaint, Shahnaz had accused ex-naib nazim for inducing her younger sister Mehnaz to a ‘mutaa’ marriage on the promise that he would solemnise the formal lawful marriage later. But he betrayed her confidence when she conceived his child and asked her to abort the pregnancy, she alleged.