Islamabad: A three member bench headed by the Honourable Mr. Justice Iftikhar Muhammad Chaudhary, Chief Justice of Pakistan and comprising other two members namely Honourable Mr. Justice Khilji Arif Hussain and Honourable Mr.Justice Tariq Parvez heard Civil Review Petition No. 20 of 2011 in Human Right Case No. 10322-P/2009 (Action taken on press clipping published in Daily Jang dated 12.10.2009 on an appeal of Raja Muhammad Riasat).
Senior lawyers appeared on behalf of the applicants, CE, Bahria Town while Mr. Jawad Hassan, Additional AG, Government of Punjab. Mr. Bani Amin Khan, IGP Islamabad along with other officers appeared for Islamabad police.
The instant proceedings originate from an appeal, published in Daily Jang, dated 12.10.2009, made by Raja Muhammad Riasat father of the deceased Muhammad Fayyaz.
Today, when hearing of the case commenced, it was enquired from the Police Officials, who were present in Court about progress of the case arising out of FIR No. 172 of 2008, lodged by one Shaukat Ali, who claims himself to be a Supervisor of the DHA, regarding investigation in murder case of Muhammad Fayyaz s/o Raja Muhammad Riasat. It was stated by the Police officials that after 10.10.2010, no progress has been recorded.
It was noted that the details of the incident have already been mentioned in the order of this Court dated 26.10.2009, which may be read as part of this order. With reference to said order an inquiry report has also been received from the District and Sessions Judge, Islamabad.
Mr. Hamid Khan learned Sr. ASC appearing on behalf of Malik Riaz Ahmed, Chairman, Bahria Town, Islamabad raised objections on the report submitted by the District and Sessions Judge, Islamabad. In the meantime, Mr. Bani Amin Khan, Inspector General of Police, Islamabad also appeared on the call of the Court; he failed to answer satisfactorily that despite of registration of the case, wherein a person has been killed, no final conclusion, prima facie, fixing the responsibility upon the accused persons, has been made. However, he stated that after registration of the case, more than 6/7 SHOs and IOs under the Supervising Officer have been changed from time to time but no one has probed into the matter thoroughly.
It was noted that instant proceedings were initiated upon murder case of Muhammad Fayyaz; therefore, it could not be finalized unless the police finally conclude the matter in all respect at their end and culprits charged for the offence have been brought to justice.
The Court observed from the record, that prima facie the police officers have conducted the investigation in this case in a callous and careless manner, without using their professional skills. It was further observed that a perusal of record indicates that whenever the complainant-Shaukat Ali appeared and got recorded his supplementary statement, wherein he charged/named new persons, the police involved/interrogated them; where after, some of they were released whereas few had succeeded in getting bails from the Court of law.
In this behalf reference can be made to record, which shows that the complainant has lodged an FIR on 14.08.2008, wherein he has named few persons to be accused; followed by recording of his supplementary statements on 04.12.2008, 21.01.2009 and 14.05.2009, wherein perhaps as per his desire, he named and added accused persons, who have been interrogated, as explained hereinabove.
This clearly indicates the highhandedness of the police. In this context, a good number of persons have also appeared before the learned Sessions Judge, Islamabad; however, this aspect of the matter shall be considered subsequently, subject to objection raised by Mr. Hamid Khan, Sr. ASC upon admissibility of the said report.
The Inspector General of Police, Islamabad stated that prior to taking of charge by him, five IGPs had been changed and everyone knowing well about pendency of such an important case, had not bothered to take this case to its logical conclusion; however, he undertakes that if three weeks time is allowed to him, he would constitute a team, which shall probe into the matter thoroughly and the investigation shall be completed in accordance with law; a report in this regard shall be submitted before this Court before the next date of hearing.
The Court agreed with the suggestion so made by the learned IGP Islamabad and allowed him three weeks time as requested by him, to do the needful; however, it was observed that he himself shall supervise the investigation of the case and proceed with it without being influenced from anyone in any manner nor he would be influenced from the proceedings, which are pending before this Court because independent investigation is required to be conducted in the case and the real culprits/accused, who are involved in the commission of offence, are needed to be dealt with in accordance with law and the case was adjourned to 27.02.2012”.
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