KARACHI(National Times)- The family of Mir Raza Ali \u2014 a 25-year-old Karachi-based businessman who was found dead with a gunshot wound last month \u2014 moved the Sindh High Court (SHC) on Monday against the provincial government\u2019s decision to form a judicial commission for a review of the probe into his murder case.<\/p>\n\n\n\n
The development took place as the Sindh government implemented its decision announced on Sunday, despite objections by Ali\u2019s family and lawyer.<\/p>\n\n\n\n
Judicial correspondence to this effect, dated August 24 and seen Dawn, said the SHC chief justice had nominated Justice Omar Sial to head the commission.<\/p>\n\n\n\n
Meanwhile, Ali\u2019s family filed a petition in the SHC through their lawyer, Jibran Nasir, requesting it to set aside the decision to form the commission and constitute a joint investigation team (JIT) instead.<\/p>\n\n\n\n
The petition, a copy of which is available with Dawn, named 19 respondents, including the Sindh government, Sindh Home Department, the provincial inspector general of police, Karachi additional inspector general of police, the Federation of Pakistan and the defence ministry.<\/p>\n\n\n\n
The petitioners requested the court to set aside the Sindh government\u2019s decision to form a judicial commission, including \u201cany subsequent proceedings arising from it\u201d.<\/p>\n\n\n\n
Instead, they sought the court\u2019s directives for the formation of an \u201cindependent, impartial and multi-agency JIT, including members from Sindh police, Rangers, Federal Investigation Agency (FIA), Intelligence Bureau (IB), Inter-Services Intelligence (ISI), and military intelligence, with a senior officer of unimpeachable integrity who has had no previous involvement\u201d in the case appointed as its head.<\/p>\n\n\n\n
The plea contended that the head must conduct a \u201cfresh and comprehensive investigation into the abduction, torture and murder\u201d of Ali.<\/p>\n\n\n\n
It further sought the court\u2019s directives for the yet-to-be-formed JIT to \u201cindependently investigate the possibility of extortion, ransom, organised criminal activity, business\/financial dispute or any other motive, and shall determine on the basis of evidence whether the facts attract any provision of the Anti-Terrorism Act, 1997, including the applicability of Section 19 thereof\u201d,<\/p>\n\n\n\n
The court may also direct the JIT to investigate the conduct of two police officials \u2014 East Deputy Inspector General (DIG) Farrukh Ali Lanjar and Sharea Faisal Deputy Superintendent of Police Arshad Afridi, both of whom have been named as respondents in the plea \u2014 as well as of \u201cany other police officer involved in the investigation to determine if their conducts constitutes offence under Section 166(2), 201 and 218 PPC\u201d, the petition said.<\/p>\n\n\n\n
The petitioners further requested the court to instruct the Sindh government to initiate an independent departmental fact-finding inquiry against members of a previous investigation team in the case and \u201call other officers whose responsibility emerges, on the terms of reference (TORs) proposed by the petitioners and\/or such modified TORs as this honourable court may deem appropriate\u201d.<\/p>\n\n\n\n
They asked the court to \u201cdirect that the departmental inquiry and criminal investigation into the conduct of the concerned police officials shall proceed independently and simultaneously in accordance with law\u201d.<\/p>\n\n\n\n
The petitioners also requested the immediate suspension of DIG Lanjar, Crime Investigation Agency Senior Superintendent of Police (SSP) Samiullah, East SSP Zubair Nazir Shaikh, East Superintendent of Police Usman Sadozai and Ferozabad and the Ferozabad SIO, as well as their removal from their postings pending the murder case probe.<\/p>\n\n\n\n
They also sought a departmental inquiry into their conduct to \u201cpreserve the integrity of the investigation and inquiry\u201d.<\/p>\n\n\n\n
Moreover, the petitioners asked the court to restrain the Rapid Response Force and the Crime Investigation branch DIG from \u201csubmitting the final challan\/chargesheet\u201d in the case during the pendency of their plea.<\/p>\n\n\n\n
They further requested the court to restrain the learned judicial magistrate XXI Karachi East from treating any report filed by the two as the final challan\/ chargesheet under Section 173 CrPC during the pendency of this petition\u201d.<\/p>\n\n\n\n
The petitioners contended that the judicial commission was \u201cneither empowered to conduct a criminal investigation nor submit a charge sheet\u201d and could not be presented as an alternative to already available effective alternatives such as JIT.<\/p>\n\n\n\n
The petition stated that the formation of a judicial commission without disclosing the TORs and the mandate seemed like an \u201cattempt to scapegoat the honourable judiciary by burdening it with failures of the previous and instant investigation team while also forcing upon it the responsibility to solve the case\u201d.<\/p>\n\n\n\n
The petition stated that the circumstances surrounding the investigation had shown that an \u201cordinary investigative mechanism has failed to satisfactorily establish even the fundamental circumstances surrounding the abduction, torture and murder of Mir Raza Ali Khan, while serious allegations have simultaneously emerged concerning the manner in which the earlier investigation was conducted\u201d.<\/p>\n\n\n\n
It said that the previous investigation team had \u201cprematurely adopted and propagated a theory of sucide, failed to record statements of the seven immediate family, failed to presever and properly handle material physical and digital evidence, failed to secure relevant CCTV footage, mishandled the deceased\u2019s smart watch, and failed to appropriately respond to material medico-legal concerns which ultimately resulted in the final medical opinion expressly excluding suicide\u201d.<\/p>\n\n\n\n
The petitioners said the prevailing circumstances surrounding the case had brought into question the investigation process.<\/p>\n\n\n\n
Petitioners sought the constitution of an independent JIT \u201ccomprising officers who have had no previous involvement in the case and possessing appropriate forensic, digital, financial, telecommunications and field-investigation expertise\u201d.<\/p>\n\n\n\n
The hearing<\/p>\n\n\n\n
Later in the day, a two-judge bench, comprising Justice Adnanul Karim Memon, heard the petition and issued notices to the respondents as well as Sindh advocate general for August 31.<\/p>\n\n\n\n
During the hearing, the petitioner\u2019s counsel contended that police investigation had not yet reached any conclusion.<\/p>\n\n\n\n
\u201cWe learned from the media that the Sindh government was forming a judicial commission,\u201d Nasir informed the court. He held that the formation of a judicial commission at this stage of the investigation could adversely impact the case.<\/p>\n\n\n\n
Speaking to the media after the hearing, Nasir said that the court had barred the police from submitting its final report until a decision is made on the plea.<\/p>\n\n\n\n
He added that the court has also sought the terms and conditions of the judicial commission and a report from the police over the \u201cnegligence and carelessness\u201d on the part of the police officials in the case.<\/p>\n\n\n\n
Judicial commission to submit report in 30 days: Mayor Wahab<\/p>\n\n\n\n
Karachi Mayor Murtaza Wahab addressed a press conference later in the day, where he announced that the commission will submit its report within 30 days and shared its terms of reference.<\/p>\n\n\n\n
Mayor Wahab said that on August 19, Ali\u2019s family, through their lawyer, had written a \u201c20-21 page long\u201d letter to CM Murad, raising doubts over the police and voicing concerns over the investigation.<\/p>\n\n\n\n
\u201cIn the letter, the lawyer sahib said that police had failed completely, including the police inspector general and home minister, and he also raised similar doubts against the chief minister; however, he mentioned that because you are the head of the province, we expect that justice will be delivered,\u201d Wahab recalled.<\/p>\n\n\n\n
They also outlined some demands, which included an internal inquiry conducted against the police, Wahab said.<\/p>\n\n\n\n
Upon receiving the letter, CM Murad called a meeting on August 21 at 11am, he said. The meeting was attended by the investigation team, the Sindh IG, chief secretary and Karachi mayor. In the meeting, the chief minister inquired about concerns voiced by the family\u2019s counsel.<\/p>\n\n\n\n
\u201cAfter the meeting, a consensus was reached that the topmost priority of the government is to satisfy the deceased\u2019s family,\u201d the Karachi mayor said. He further stated that, \u201cAs the lawyer sahib had raised doubts over the initial investigation team, which was replaced, but then also raised doubts over police and IG.<\/p>\n\n\n\n
\u201cNow since the chief minister cannot investigate the case himself, he deemed it appropriate that a judicial inquiry be conducted.\u201d<\/p>\n\n\n\n
He added that approval was also taken from the cabinet, and a letter was sent to the SHC\u2019s chief justice in this regard on Aug 22, and the commission had been constituted earlier today.<\/p>\n\n\n\n
Wahab said that Justice Sial would head the commission.<\/p>\n\n\n\n
Karachi mayor also shared the terms of reference of this commission:<\/p>\n\n\n\n
To examine the exact facts surrounding the circumstances and leading to Mir Raza Ali\u2019s death.<\/p>\n\n\n\n
To determine whether the investigation is being conducted impartially and in accordance with the law and to identify any investigative angle or evidence requiring further investigation.<\/p>\n\n\n\n
To determine whether any police official or medico-legal officer has committed negligence, dereliction of duty, professional misconduct, suppression or manipulation of evidence or any unlawful act, omission or cover-up.<\/p>\n\n\n\n
To make recommendations for further investigation, forensic analysis, or legal departmental action.<\/p>\n\n\n\n
He stated that 30 days had been proposed for the commission to submit findings. \u201cAll government institutions, police, and public officials will support and provide assistance to the commission.\u201d<\/p>\n\n\n\n
Sindh\u2019s home secretary would serve as the secretary of this commission to serve the members, the mayor said. He assured that the investigation into Ali\u2019s murder, conducted by the police\u2019s investigation team, would not be hampered after the formation of the judicial commission.<\/p>\n\n\n\n
\u201cThe police will submit its report, too, under Section 173 (of the Criminal Procedure Code),\u201d he said.<\/p>\n\n\n\n
Wahab further stated that Ali\u2019s family had asked that the deceased\u2019s phone, smartwatch and SIM be investigated by the Punjab Forensic Sciences Agency (PFSA). \u201cOur police have sent those things by hand to PFSA, and a report is expected soon.\u201d<\/p>\n\n\n\n
\u201cPolice are also in contact with Apple and Meta for the data,\u201d he said, adding that the companies had asked for a judicial order for the data, which the police had obtained from a magistrate.<\/p>\n\n\n\n
He held that the government had cooperated with the family and their counsel at every stage.<\/p>\n\n\n\n
\u201cTheir lawyer sahib [..] is not satisfied with anyone; they asked for a certain IO, we complied with it, they asked for PFSA, we did that as well, we involved NCCIA, but now if they are going to reject it again, this process will never end,\u201d the mayor said.<\/p>\n\n\n\n
At this, he appealed to the family to place trust in the government.<\/p>\n\n\n\n
\u201cIf the government or the police were ill-intentioned, then why would they form a judicial commission? We want that matters should be clarified so that the family may be put at ease.\u201d<\/p>\n\n\n\n
The case<\/p>\n\n\n\n
Ali, a 25-year-old businessman and a graduate of the Institute of Business Administration, was found dead with a gunshot wound on July 29 in bushes in Karachi\u2019s Gulistan-i-Jauhar a day after he was reported missing.<\/p>\n\n\n\n
While his family was convinced that he was kidnapped, tortured and murdered, police were initially building the case around the possibility that he died by suicide.<\/p>\n\n\n\n
A murder charge was eventually added to the first information report (FIR) after the exhumation and a second post-mortem of Ali\u2019s body revealed that he had suffered multiple injuries and was shot in the back, ruling out the possibility of suicide.<\/p>\n\n\n\n
The second autopsy was conducted after a controversy between the Karachi police surgeon and investigators over alleged loopholes in the medico-legal report regarding Ali\u2019s first post-mortem examination.<\/p>\n\n\n\n
On August 6, a judicial magistrate had allowed the exhumation of the body on an application filed by Ali\u2019s father, directing the police surgeon and the Sindh health secretary to constitute a medical board for the exhumation.<\/p>\n\n\n\n
The Sindh health department then constituted an eight-member board, with police surgeon Dr Sumaiyya Syed as the convener. However, in the early hours of August 7, the board was reconstituted through an order issued by the director general of the Sindh health department.<\/p>\n\n\n\n
While Dr Syed remained the convener of the new five-member board, its members were changed.<\/p>\n\n\n\n
But Ali\u2019s family rejected the new board, which also resulted in the deferment of the planned exhumation on Friday. Meanwhile, the counsel for Ali\u2019s family, Nasir accused the authorities of trying to bury the facts.<\/p>\n\n\n\n
The Sindh government then restored the original medical board, following which Ali\u2019s body was exhumed on August 8.<\/p>\n\n\n\n
A day later, the Sindh inspector general of police\u2019s (IG) office notified the reconstitution of the investigating team probing Ali\u2019s death while Karachi Additional IG Azad Khan transferred the investigation into Ali\u2019s murder to Zaman Town police station from Ferozabad Police Station, where the case was registered.<\/p>\n\n\n\n
The same day, the Sindh government decided to seek a judicial commission for the case\u2019s investigation, only to defer the plan a day later after Ali\u2019s family said they had made no such demand and had faith in the new investigation team.<\/p>\n\n\n\n
On Aug 19, Ali\u2019s parents, Mir Hussain and Mariam Hussain, wrote to Sindh Chief Minister Murad Ali Shah, seeking his \u201cdirect supervision of the murder investigation\u201d into the slain business owner\u2019s death.<\/p>\n\n\n\n
They also urged the chief minister to order an investigation and departmental inquiry into the previous investigation team and immediately suspend the officers involved.<\/p>\n\n\n\n
On Sunday, the provincial government acknowledged the letter and announced decision to form a judicial commission to determine whether the investigation in the case was being conducted impartially and in accordance with the law.<\/p>\n\n\n\n
However, soon after the announcement, the counsel for Ali\u2019s family raised objections and said they would approach the SHC in the matter.<\/p>\n\n\n\n
The family\u2019s counsel held that the family was not informed of the commission, its TORs were not disclosed and that the police were yet to submit an investigation report before the magistrate.<\/p>\n\n\n\n
In a video message, Ali\u2019s sister said the family came to know about the Sindh government\u2019s decision through the media.<\/p>\n\n\n\n
Raising similar objections and questions as those by Nasir, she said: \u201cOn August 24, the police are to submit their report. But if there is no report yet, on what basis are they making this decision?\u201d<\/p>\n\n\n\n
\u201cWe, as a family, are not standing for this decision. We have been saying this since the beginning that we do not trust how the proceedings are going on.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"
KARACHI(National Times)- The family of Mir Raza Ali \u2014 a 25-year-old Karachi-based businessman who was found dead with a gunshot wound last month \u2014 moved the Sindh High Court (SHC) on Monday against the provincial government\u2019s decision to form a judicial commission for a review of the probe into his murder case. The development took […]<\/p>\n","protected":false},"author":2,"featured_media":131808,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"class_list":["post-131807","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-latest_news","entry"],"yoast_head":"\n