2004 PLP 1609 (MLD)

Learned counsel for the petitioner submits that in the instant case two persons, namely, Fazal Haq alias Fiaz and Fakhar alias Fakhari were killed in a very brutal manner by respondents Nos.2 to 5, that as far as, Fazal alias Fiaz is concerned, he was not involved in any case in whole of his life, that petitioner has produced his evidence before Inquiry Judicial Magistrate, who gave an adverse remark in his inquiry report conducted under section 202, Cr.P.C. And submitted the same before the learned Session Judge, who dismissed the complaint filed by the present petitioner.

2. On the other hand, learned counsel for the complainant submits that petitioner has concealed from this Court that a Judicial Inquiry was also held by Aamir Karim Khan, Judicial Magistrate, who came to the conclusion that it was a genuine police encounter and both Fazal Haq and Fakhar were rightly killed by the police, that about 100 persons had appeared before the said inquiry Magistrate, who also visited the place of occurrence, thereafter, he gave his opinion that it was not a false police encounter.

3. On the other hand, learned Addl. A.-G. Submits that police has bonafidely followed both the deceased persons, that police was not aware about the antecedents of Fiaz, who was not involved in any case, so he was also killed by the police in a police encounter.

4. I have heard learned counsel for the parties and have also gone through the inquiry report of Aamir Karim Khan, Judicial Magistrate and the dismissal order of learned Addl. Sessions Judge. As far as, Faiz deceased is concerned, he was not involved in any case in whole of his life. So far as, Fakhar is concerned, he was Proclaimed Offender. Now whether it was a false police encounter or not, I will not go into deeper appreciation of evidence but the fact remains that in whole of the F.I.R. And in the Police Karwai it has not been mentioned by the complainant i.e. Respondent No.2 that a pistol was also recovered from Fiaz after his death and was lying near his dead body while on the other hand, it has been mentioned in the F.I.R., which was read before in an open Court that rifle was lying besides the dead body of Fakhar P.O. Both the deceased were gun downed at a distance of 1-1/2 miles away. It has not been argued before me and even it has not come on record as the occurrence had taken place in the shop of Tufail owner of P.C.O. And the shots fired by the police also hit on the wall or shutter of the said P.C.O. Moreover there is not a single scratch on any of the police officer, who were 17 in number, as has been stated by learned Inquiry Judicial _Magistrate in his report under section 202, Cr.P.C. Crime empties taken from the spot were not sent to fire-arm expert alongwith rifle and pistol of both Fakhar and Fiaz to assail whether they made a fire or not till today, I do not want to dilate upon further in this case, however, after going through the preliminary inquiry and the submissions made by learned counsel for the parties prima facie a case is made out against the respondents and they will be given sufficient opportunities to produce their evidence before the trial Court. So impugned order passed by learned Addl. Sessions Judge, is set aside. H.B.T./S-101/L Order accordingly.