KARACHI: A district and sessions judge has dismissed an application filed by the Muttahida Qaumi Movement-Pakistan seeking registration of a case against Sindh Chief Minister Syed Murad Ali Shah and inspector general of police regarding killing of a worker in a police crackdown on its protest demonstration outside CM House.

District and Sessions Judge (South) Munawar Ali Lodhi pronounced his verdict after hearing arguments from the parties and state prosecutor.

MQM-P leaders Kanwar Naveed Jameel and Muhammad Hussain Khan had jointly filed an application under Section 22-A of the criminal procedure code alleging that the Civil Lines police had refused to lodge a murder case against the CM and police chief.

Applicants’ counsel Mehfooz Yar Khan submitted that the MQM-P on Jan 26 arranged a peaceful protest demonstration and rally over the issue of local government law after getting prior permission from the deputy commissioner of district South.

Prosecutor says applicants wanted to save themselves from FIR lodged by police about Jan 26 violence by Muttahida men

He said that during the protest, police suddenly started a baton-charge and tear gas shelling due to which a party worker, Muhammad Aslam, had died, while others, including MNA Kishwar Zehra, MPAs Sadaqat Hussain, Rabia Majid Khatoon and Rana Ansar, had also sustained injuries.

He alleged that the legal heirs of the deceased worker had requested the Civil Lines police to lodge an FIR against the policemen, who allegedly murdered the activist, and injured men and women on the directives of the chief minister, but the police neither lodged an FIR nor received the application.

He submitted that thus an application was filed in court to seek direction to the police high-ups to record statement of the applicants and lodge an FIR against the accused.

However, state prosecutor Javed Akhtar Khichi while opposing the applications argued that the Civil Lines SHO in his report stated that MQM-P did not obtain prior permission for holding a demonstration/rally, and illegally entered the red zone.

He maintained that the participants of the rally staged a sit-in and started provocative speeches to incite violence. Consequently, 30 to 40 ‘violent’ people raised provocative slogans, damaged government properties, and attacked the police as well, he said while quoting the report.

“The police in self-defence dispersed the said violent rally, and got vacated the red zone,” the prosecutor said, adding that a police official, Muzafar Hussain, had suffered injuries in the incident, and four police mobile vans were also damaged, hence an FIR (09/2022) of the incident was lodged against them by the police.

The report further stated that no demonstrators, except MPA Sadaqat Hussain, suffered injuries. He received a minor injury and first aid treatment was given to him at the Jinnah Postgraduate Medical Centre, from where he was later discharged, it added.

The SHO alleged that the applicants had filed the subject application in order to save themselves from the FIR lodged by the police, the prosecutor told the court.

The judge after hearing the counsel for the parties, noted that the applicants had filed an application for lodging an FIR against the CM and IGP, but their names were not mentioned and only designations were mentioned in the plea.

The judge observed that the police report showed that the deceased was brought to the National Institute of Cardiovascular Diseases Hospital (NICVD) in Federal B Area and after treatment he was referred to the NICVD/JPMC, where he had died due to a heart attack.

The judge ruled that: “Keeping in view the above facts and circumstances, the instant application is dismissed.”

However, the judge said that the applicants were at liberty to file a direct complaint if they desired.

Published in Dawn, February 21st, 2022