P L D 2004 Supreme Court 556 (PLP)

(4) Abdul Karim son of Abdul Rahim Sarewal Respectable Zamindar of Sanghar (5) Abdul Wahid son of Bhai Khan Nizamani Taluka Nazim, Sanghar (6) Murad Ali son of Haji Jaffar Khan Nizamani, Nazim, UC‑I, Sanghar (7) Akhtar Qureshi son of Muhammad Hanif Qureshi, District Reporter Daily Jang and General Secretary of "Chamber of Commerce, Sanghar (8) Haji Ghulam Qadir son of Muhammad Sadiq Unnar, Chief Organizer, Human Rights, Sanghar (9) Muhammad Ashfaque son of Ali Haider Bhatti, President, Press Club, Sanghar (10) Anjum Aftab son of Aftab Nizamani General Secretary, Press Club, Sanghar (11) Dr. Amir Shaikh, DPO (Ops.), Sanghar (12) Ali Sher Jakhrani, DPO (Inv.), Sanghar (13) Haji Noor Ali Mari, DSP Hqrs, Sanghar (14) Inspector Sajjad Haider, Incharge Complaint Cell, DPO Office, Sanghar (15) Inspector Arshad Ali Premi, SIO, Hqrs, Sanghar (16) Irshad Ali Rajput, DSP/TPO Hala, Hyderabad. (17) Mir Hassasn son of Mehlo Khan Khaskheli, father of deceased Shazia (18) Hazoor Bux Khaskheli (19) Gul Hassan son of Fateh Muhammad Khaskheli (20) Qabool son of Soomar Khan Khaskheli (21) Khamiso son of Faqir Muhammad Khaskheli (22) Ali Bux son of Haji Sono Khan Khaskheli

11. The above mentioned committee in its report arrived at the conclusion that deceased Shazia was married with her cousin Hazoor Bux in February, 2003. She had disappeared from her house on 23‑9‑2003 and, F.I.R. No. 151 of 2003 was lodged at Police Station Sanghar on 5‑10‑2003 by her father Mir Hassan under sections 11/16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. According to the report of the Committee, the complainant party kept on searching the couple and it was on 8‑10‑2003, they succeeded in searching them and both were subsequently killed by accused Ali Sher son of Mitho Khaskheli, Chutto Khaskheli son of Gul Muhammad Khaskheli and Karo son of Kundo Khaskheli as, the couple had confessed their crime. However, the Committee disapproved the suggestion that the couple was killed in pursuance to a Jirga decision by a firing squad. Said inquiry report was submitted in this Court by Dr. Amir Ahmed Shiekh, DPO, Sanghar on 24‑10‑2003. He further informed that their investigation has been transferred to the Crimes Branch to make further probe into the incident. Accordingly, this Court directed the members of the Investigating Team in the Crimes Branch Sindh to carry out impartial investigation within one month and final report be submitted to this Court about the fate of the investigation. In consequence, whereof PPO (IGP) constituted a Committee under the Chairmanship of Mr. Mushtaq Ahmad Shah, DIGP (Operations), Hyderabad, to inquire into the matter which concluded that "neither any Jirga was held nor any firing squad was constituted for the murder of the couple Mst. Shazia and Muhammad Hassan Solangi and according to the investigation of the local Police, No Jirga was held for the decision of the murder of the deceased couple". According to the inquiry, the final challan of the case was also submitted in the Court of Taw by Mr. A.D. Khawaja, DPO/Hyderabad on 5‑1‑2004. The copy of this report was also‑submitted in this Court by Mr. Anwar Subhani, DSP (Legal) on 22‑1‑2004. This Court, feeling still dissatisfied with the inquiry report, directed that Mr. Mushtaq Ahmed Shah, DIGP (Operations), Hyderabad, to personally appear before this Court alongwith all the inquiry papers and other material, collected in this crime alongwith all the orders passed by the I.‑G. Police relating to this matter.

12. When this matter was taken up by this Court on 26‑2‑2004, Mr. Mushtaq Ahmed Shah, DIGP (Operations), Hyderabad, appeared alongwith Mr. A.D. Khawaja, SSP, Hyderabad, Mr. Amir Shaikh, DPO; Sanghar, Mr. Zahid Ahmed Nasir, S.H.O and Mr. Anwar Subhani, DSP Legal and submitted inquiry report conducted in this matter wherein, he has mentioned that in compliance with the order of this Court, the Inspector‑General of Police instituted a Committee of two Officers of the rank of Superintendents of Police headed by him to conduct the inquiry into the incident. The Committee visited Sanghar and submitted inquiry report on 22‑10‑2003. It was on 23‑10‑2003, the Inspector‑General of Police entrusted the investigation to the team of Officers from Hyderabad District, consisting of one DSP and two Inspectors. Again on 20‑12‑2003, Inspector‑General of Police transferred the investigation to Mr. A.D. Khawaja, DPO Hyderabad District, who carried out further investigation and finally submitted challan against 11 accused persons and placed one accused Mir Hassan, father of the deceased Mst. Shazia) in Column No.2. As regard constitution of Jirga by the feudal lords and formation of firing squad to assassinate the couple, no such fact transpired during the investigation and according to him, the entire investigation was carried out purely on merits.

13. Mr. Mushtaq Ahmed Shah, DIGP (Operations) submitted that he had himself conducted the inquiry and was satisfied with his report. Similarly, the Superintendent of Police namely, Dr. Amir Shaikh, also submitted that they had also investigated the case and conducted the inquiry whereby they are satisfied that the murder of the couple, namely Mst. Shazia and Muhammad Hassan Solangi was not in pursuance of the Jirga decision but was a simple honour killing.

14. Admittedly neither correspondent nor publisher or Editor of daily `DAWN' was examined during any of the inquiries conducted by them. So much so that no one from among the relatives of the deceased Muhammad Hassan Solangi was examined by the police in any inquiry. When confronted with the inquiry report conducted by learned Sessions Judge, Sanghar, all the police officials showed ignorance about the same and said that they have not gone through the same as such they are not conversant with its findings.

15. Another important aspect which cannot be brushed aside is the very lodging of F.I.R by Inspector, namely Zahid Ahmed Nasir, S.H.O. Police Station, Sanghar himself without calling any person from the relatives of the deceased. From the contents of the F.I.R, it transpires that the concerned police had the knowledge and thus followed the Car in which the deceased couple was available. According to S.H.O. Zahid Ahmad Nasir he and the above mentioned other police officials saw four males and one girl seated inside the Car which was going towards Sim Nala side wherein the girl was crying for help. Thus, they chased the Car in Mobile Van and when were at a distance of about two or two and a half acres away, they heard the fire shots. They noticed that a green colour Car Coitus No.862 was parked at Sim Nala near village Gul Wassan. The dead bodies of girl and a male were lying therein. He, however, apprehended Mir Hassan, father of the deceased girl with pistol and one Chhuto by caste Khaskheli standing at the Sim Nala Surprisingly, said Mir Hassan was found innocent and was let off. During the inquiry, the learned Sessions Judge had made certain queries, the replies whereof have been taken note of by him seriously in his report. While concluding the inquiry, the learned Sessions Judge came to the conclusion that in his view, it was under a deep conspiracy in between Khaskheli Clan and the police, deceased Mst. Shazia and Muhammad Hassan Solangi were called at or around Sanghar by force or by powerful influence and the efforts were made to separate them, but possibly the spouse had decided either to live jointly or to accept death, and they did not agree to the terms and conditions of the private decision makers whereby the execution has been carried out on the fateful day.

16. From the report it has also transpired that the couple had contacted the police for providing the protection but on the contrary, they were handed over to the relatives of the girl who murdered them. Since the police reports on the subject are contradictory to the report of learned Sessions Judge, Sanghar, as such, in the above circumstances, we feel it appropriate to refer the matter to the IGP Sindh, who shall look into the matter personally in order to ascertain the individual liability of the concerned Police Officers about their involvement in the matter, in any manner, for non‑conducting the investigation/inquiry impartially. All the above police officers, present in the Court, frankly conceded that there had occurred serious lapses in the inquiries/ investigations on their part. They also admitted that till this time, no action of any sort has been taken against any of the police officers in this matter. Moreover, the manner in which this case has been handled from very beginning casts serious doubts in our mind which is to be dealt with seriously with some concrete results. This exercise must be completed within one month after receipt of copy of this order. Final report whereof be forwarded to the Registrar of this Court immediately. N.H.Q./S‑22/SC Order accordingly.