KARACHI: Legal heirs of a man, who died in police lock-up, have pardoned a senior police officer and three others in an out-of-court settlement, a court was informed on Tuesday.

Moiz Naseem, who was arrested in April, was found dead in the lock-up of the Darakshan police station while an autopsy found multiple injuries all over the body caused by hard and blunt instrument.

Four police officials — former SP Clifton Nayyar ul Haq, Darakhshan SHO Ali Raza Leghari, Sub-Inspector Sanaullah Soomro, head moharrir Faisal Leghari — booked in a case pertaining to his murder.

The two sons of the deceased — Zuhair Moiz, resident of the UK, and Junaid Moiz — filed an application through their counsel Barrister Zainul Abideen, under Section 345(2) of the criminal procedure code (CrPC) before Additional District and Sessions Judge (South) Abdul Hafeez Lashari, seeking permission to compound the offence.

Meanwhile, the four suspects, along with the victim’s legal heirs, jointly submitted another application under Section 345(6) of the CrPC, stating that both parties had reached a compromise and that the legal heirs had pardoned the suspects “in the name of Almighty Allah”.

Moiz Naseem was found dead in Darakhshan police lock-up in April

In the application, they asked the court to allow their compromise and acquit the suspects, Nayyar, who was on bail, and Ali Raza, Sanaullah, and Faisal, who were in jail on judicial remand.

The application said that the parties had amicably patched up the matter in accordance with law and the legal heirs of the deceased had forgiven the suspects “in the name of Almighty Allah”.

It added that the legal heirs had filed their affidavits for compromise and they were not willing to depose against the suspects.

Barrister Zain also submitted a certified copy of the divorce decree, in which it was mentioned that the parents of the legal heirs separated in 2020. The counsel mentioned that the grandparents of the legal heirs had already passed away.

“The legal heirs of the deceased have patched-up the matter with the accused persons from their own free-will, consent and without pressure, force, compulsion, coercion and enticement,” the application said.

After allowing the applications filed by the legal heirs and the suspects, the court recorded statements of the legal heirs and adjourned the hearing till November 28.

Meanwhile, the court sought the verification reports of the legal heirs from the police station concerned, and the National Database and Registration Authority (Nadra).

According to the counsel for the legal heirs, both sons of the deceased also submitted affidavits declaring their ‘no objection’ before the court regarding the suspects’ post-arrest bail applications filed on fresh grounds before the court.

The order on the bail application is set to be announced on November 23.

Meanwhile, the Sindh High Court on Tuesday issued notices to the federal and provincial authorities concerned on a petition filed by SP Nayyar ul Haq against recommendation of his name to be placed on the no-fly list.

The counsel for the petitioner submitted that the petitioner had been informed orally by the investigating officer of the case that his name had been recommended to be placed on the exit control list. Hence, he has been deprived of travel.

The two-judge bench, headed by Chief Justice Mohammad Shafi Siddiqui put the respondents, deputy attorney general and the advocate general of Sindh on notice for a date to be fixed in 10 days.

Published in Dawn, November 20th, 2024