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Published 24 Feb, 2012 07:32pm

Non-compliance with court order: Show-cause notice to Sukkur DIG issued

KARACHI, Feb 24: The Sindh High Court on Friday issued a show-cause notice to the Sukkur deputy inspector-general (DIG) for non-compliance with the court’s order regarding a probe into the disappearance of a young man allegedly kidnapped and detained by two policemen.

A division bench headed by Justice Sajjad Ali Shah was seized with the petition of Shaheen, widow of Ghulam Nabi, against the two police officials for illegally taking away her son, Imran Ali Jokhio, and keeping him in illegal custody.

The bench had on Feb 10 directed the Sukkur police to submit the final report of the investigation into the kidnapping of the 16-year-old boy by two police officials in Naushahro Feroze within two weeks.

The petitioner impleaded the home secretary, the provincial police chief, the regional police officer of Sukkur, the district police officer of Naushahro Feroze, the SHO and SIO of the Phull police station, Head Constable Ilyas Sahito and Constable Ghulam Rasool Marri as respondents.

She submitted in the petition that her son along with his uncle, Muhammed Bux, and other relatives went to the central Imambargah to attend a religious congregation (majlis) on May 20, 2010.

She stated that later they hired a rickshaw to get back home, but HC Sahito and Constable Marri intercepted them at Phull, Naushahro Feroze.

The woman stated that the policemen snatched cash and mobile phones from the uncle and other relatives.

She said that the two policemen detained her son and asked the two relatives to leave the scene immediately.

She submitted that the police also threatened them of dire consequences if they told anyone about her son’s detention.

The petitioner said that she and her relatives approached the two policemen at the police station to know the whereabouts and the reasons behind the detention of her son. However, she said, the policemen refused to tell her anything.

The woman said later she approached the DPO and other police officers, but to no avail.

Later, on the orders of the court a case was registered under Sections 364 (kidnapping) and 392 (robbery) for the kidnapping of the boy by the petitioner.

The SHC on Oct 10, 2011 had ordered the constitution of a high-level team of investigators and submission of its report in court within two weeks.

However, the investigation report was not filed in court despite repeated orders. The provincial government law officer on Jan 24, 2012 had sought further time from the court and the court, granting his request, directed him to ensure the compliance of the court’s order on the next date of hearing.

On the previous hearing, SP (Legal) Sayed Zainul Abdin Shah of the Sukkur police had appeared on behalf of the Sukkur RPO and requested the court to grant him one week’s time for submitting the final investigation report.

He had stated that in compliance with the court’s order on Oct 10, 2010, a high-level team of senior police officers comprising SSPs Irfan Baloch and Pervaiz Ahmed Chandio and SP Niaz Ahmed Khoso had been constituted to investigate the kidnapping case under the supervision of the Sukkur DIG.

He stated that the custody of the accused persons named in the FIR was obtained from the jail authorities from Dec 24 to Dec 31, 2011 for investigation and interrogation.

However, he said, a proper investigation into the case could not be conducted as the DIG and other police officers remained engaged in maintenance of law and order on the occasion of the death anniversary of Benazir Bhutto “owing to the visit of VVIPs in Naudero/Larkana”.

He prayed to the court to direct the jail authorities to hand over the custody of the accused persons for seven days for completing the investigation.

The bench granted his request and directed him to complete the investigation and submit the final report in court on Feb 24.

However, on Friday, a statement of SSP Irfan Ali Baloch of Khairpur police was submitted in court. It said that the custody of the accused person was obtained on Feb 16 from the Naushahro Feroze prison for seven days.

The statement said that the accused during the course of thorough interrogation clearly admitted that the missing boy was detained by them and he had been missing since then. According to the police officer’s statement, the final investigation report will be submitted in court within a “few days” as it cannot not be prepared due to a shortage of time.

Musharraf issued notice in May 12 case

A division bench headed by Justice Shahid Anwer Bajwah ordered that a notice be served upon retired Gen Pervez Musharraf though publication in a London-based newspaper in a petition seeking a judicial inquiry into the May 12, 2007 carnage in Karachi.

The petition, which had been earlier dismissed, was restored to its original position in October last year on the application of Syed Iqbal Kazmi, a civil rights campaigner, who had become an intervener in the suo motu proceedings on the violence of May 12.

Over 50 people were killed and more than 100 vehicles torched during the visit of then dysfunctional Chief Justice of Pakistan Iftikhar Mohammad Chaudhry, who had arrived here to address a lawyers’ function in the city in 2007.

The petitioner impleaded the former interior secretary, Muttahida Qaumi Movement chief Altaf Hussain, former Sindh home adviser Waseem Akhtar, former home secretary retired Brig Ghulam Mohammad Mohtram, the former Rangers director-general, the former provincial and city police chiefs and the former SHO of the City Courts police station as respondents.

Mr Kazmi moved an application for the restoration of his petition submitting that his petition was dismissed as withdrawn at a time when he was behind bars.

He said he had signed the withdrawal application under duress and pressure during detention.

The petitioner submitted that it would be appropriate that a seven-member bench of the SHC, including at least three of the judges who had conducted previous proceedings, be constituted to re-hear the matter.

The bench ordered to place the petition before the SHC chief justice for order in this regard.

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