By Dr. Rehiana B. Ali
On 15th August 2023, 17 months after my brother Farooq Ali’s murder at Ramada by Wyndham hotel, we received the first gesture in this case that Justice was possible in Pakistan despite all the naysayers who told us to “give up” “that nothing would happen” and insultingly “that this was Pakistan”. I, like my brother Farooq Ali, refuse to believe that. We have always believed that the Judiciary in Pakistan can deliver – sometimes against great odds and against significant opposition. Pakistani Judges have shown great independence at times whilst people complain about system perfection, and particularly after how we have recently been treated in the UK, I have – and indeed always had – far more faith in Pakistan despite all the struggles we have faced to date. We are grateful to the Honourable Judge Arbab Muhammad Tahir, Islamabad High Court for allowing our appeal and thus overturning the order made by the Additional Sessions Judge, West Islamabad on 22nd October 2022 who had ‘erred’ in law with Justice Arbab Muhammad Tahir ruling that a ‘prima facie’ case had been made for a trial.
“Foolish men imagine that because judgment for an evil thing is delayed, there is no justice but only accident here below. Judgment for an evil thing is many times delayed some day or two, some century or two, but it is sure as life, it is sure as death” (Sir Thomas Carlyle, Scottish historian and philosopher)
In September 2022, my lawyer Sharafat Ali Chaudhry of HSU Advocates filed a private complaint under Section 200 of the Code of Criminal Procedure 1898 (CrPC). This was filed after months of my family pleading with Islamabad Police to investigate the suspicious circumstances surrounding my brother’s murder. Despite many meetings with the SHO, SSPs, many IOs and even the Inspector Generals, they issued report after report stalwartly refusing to properly investigate. I was even given the hint of a bribe of compensation as they cited hotel negligence in one of their “interim” reports. We told SSP Farhat Kazmi quite clearly that this “negligence” was criminal. My brother’s life could never be compensated by money – in fact, all the wealth on this planet would not do so. I do not want “compensation”. I want those who planned the killing and those who committed the heinous act to be punished – a life for a life.
There is no compromise on that. That private complaint contended that a “prima facie case” existed and the Accused should be summoned. My lawyer had argued that the police had tried to destroy evidence, had failed to question the Accused, and had failed to review any of the CCTV themselves. On 15th August 2023, the Honourable Judge Arbab Muhammad Tahir agreed with us. It’s taken us over 10 months in the IHC to get this far – a journey that would be out of reach for the majority of Pakistanis and the justice system must reflect upon that observation. Justice should be accessible to every Pakistani citizen.
In my view, these ICT police officers were more determined to obstruct than to carry out their public duties in accordance with the law. I was denied a FIR repeatedly despite it being a legal right and obtained this through the order of the court on 11th April 2022. Despite the FIR, the police still refused an investigation and I believe, deliberately, refused to file the final police report. Practically every police obstruction was enabled by the British High Commission (BHC) – the same embassy that claimed it was “powerless”, that gave veiled threats to me that they would not help me if I was arrested despite my entirely legal protests outside the Supreme Court and PM House, that condoned attempts to pressure an independent medical board to change an exhumation report, passed information to third parties, was party to trying to discredit my brother Farooq during an IHC hearing and finally the same BHC that refused to answer questions even on email about their relationship with Ramada by Wyndham. The BHC professed themselves “satisfied” with the shoddy police investigations but wouldn’t discuss how the suspicious circumstances had been addressed. We received the same silence from British MPs and British media. My illusions about the British presence in Pakistan have been dispelled.
So, when I received this Order from Islamabad High Court, I tweeted from @Justice4Farooq that there were now questions for Ramada staff and management, questions for ICT police and also questions for the BHC and for all the elected representatives in Kashmir and the UK who refused to help us. I know who killed Farooq but on whose orders? I was asked many times last year by police officers “so when do you intend to return to the UK”, I hope they now understand that when I said “never” that I meant business. I know that this is but a small step – but for me, after 17 months, it is a significant milestone. A recognition that my private complaint had merit and that a trial should have been admitted. I intend to pursue it. I don’t how long this will take but those who killed my only brother should be assured of one thing – you will not escape justice for the evil that you committed on 11 – 12 March 2022. As Sir Thomas Carlyle said, judgement for an evil thing is as “sure as life, it is as sure as death”.
The Author Dr. Rehiana B. Ali is sister of a UK-AJK national dead Farooq Ali who was allegedly murdered in a room of Ramada hotel Islamabad more than one and half years ago but accused behind the heinous crime are still at large.
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The views expressed in this Op-ed and following reader comments do not necessarily reflect the views and policies of the LawToday Pakistan.
