HYDERABAD, Jan 22: Counsel for applicant in the murder case of Rasool Bux Brohi on Monday argued in the Hyderabad circuit bench of the Sindh High Court that a high-level inquiry committee had earlier found that Brohi was killed during an encounter that was staged by personnel of the Lyari Task Force.

Justice Sajjad Ali Shah reserved judgement on bail applications of SP Chaudhry Aslam, DSP Irfan Bahadur and inspector Syed Safdar Ali Shah in the FIR lodged by Lal Bibi, mother of late Rasool Bux Brohi, who were being represented by Raja Qureshi advocate.They were booked in FIR 101/06 under sections 302 364, 342, 201, 222, 34 PPC.

Arguing on behalf of Lal Bibi, Riazat Ali Sehar said that the committee conducted inquiries on terms of reference and established that the detained person was in custody of the LTF and he was not Mashooq Brohi as claimed by police while the encounter was staged one.

He produced copy of the inquiry report before the court as well as mushirnama (memory of recovery) prepared by SP Chaudhry Aslam and described as false.

The counsel argued that according to police claim around 500 to 600 rounds were fired in the encounter but not a single empty was found and produced along with mushirnama by police.

He also referred to recovery of one file from the vehicle of inspector Nasirul Hassan which contained eight photographs in an envelop.

Of the photographs, four pertained to detention of Rasool Bux Brohi while his hands were tied on his back and four were taken after he was gunned down, he said.

Responding to changed affidavit of Siddique Brohi who was produced by police whereby he retracted his 164 Cr. PC statement, the counsel said that such tactics were adopted to shatter the evidence and the same had been ruled by the Supreme Court in 1997.He produced the quoted law before the court where the apex court observed that such evidence should not be considered at the stage of bail.

He quoted observation of the fourth civil judge Malir where crimes Nos. 101/06 and 102/06 were challaned as B-class before the magistrate.

He said that the magistrate raised same objections as to why the LTF did not make any entry at the Gadap police area where the encounter took place and also noted that not a single empty had been recovered and no one was injured in police shoot out, leading to killing of Brohi.

He said that the inquiry committee of DIGs and SPs had also established after conducting detailed inquiries that deceased was late Rasool Bux Brohi and it was a staged encounter.

He said that the committee claimed to have examined around 33 independent witnesses while making personal queries.

He said that committee also referred to history of criminal who was required by police, Mashooq Brohi and found that his history did not match with that of Rasool Bux Brohi.

He said that the committee also observed that the detained person was in custody of police.

He said that if accused were given bail then it would tantamount to giving them a licence to kill any one at any stage. He prayed the court to dismiss their bail application.

Lawyer Raja Qureshi has already completed his arguments in the matter.

The judgement has been reserved by the court.