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IHC seeks police record in UK-returned man murder case

After profound hearing of a matter relating to alleged murder of UK-AJK national Farooq Ali in one of the world luxury hotel brands in Islamabad, single-member bench of the Islamabad High Court comprising Justice Arbab Muhammad Tahir directed local police to submit complete police record in the case.

Over alleged assassination of Farooq Ali, 44, who found dead in his room at the Ramada by Wyndham Islamabad hotel on March 16, Islamabad, the deceased’s sister Dr. Rehiana B. Ali  has invoked jurisdiction of Session Court Islamabad for registration of First Information Report (FIR) but all in vain as concerned police officials failed to take measures in the matter.

Her counsel Advocate Sharafat Ali Chaudhry told the Session Court that Station House Officer (SHO) Secretariat police station Qurban Ali Anwar failed to register FIR of this cognizable offence to which Dr Rhiana invoked the jurisdiction of trial court under Section 22-A of the Criminal Procedure Code and sought direction for registration of FIR.

Despite registration of the FIR No. 204 in April 11 this year under Sections 302/34 of the Pakistan Penal Code in response to the trial court directions, the police failed to conduct the investigation properly as failed to collect evidence properly without apprehending and investigating the nominated accused persons so far.

Upon failure of the police in the matter, again the petitioner filed a complaint under Section 200 of the Criminal Procedure Code before trial court to adjudicate the case but the Additional District & Session Judge dismissed the complaint in October 22.

Filing criminal revision petition before the IHC against impugned order of Additional District & Session Judge, Advocate Sharafat A. Chaudhry urged the high court to set aside the session judge dismissal and issue directives to adjudicate the case on merit in the large interest of justice.

Challenging the Additional District & Session Judge decision before the IHC in the matter, the petitioner’s counsel Advocate Sharafat Ali Chaudhry filed a criminal revision and urged the single-member bench comprising Justice Arbab Muhammad Tahir to pass an order for resumption of the complaint against preparators while turning down the decision of the Session Judge.

Among others the petitioner made three police officials as accused persons in the complaint namely, Tariq Mehmood, Sub-Inspector/I.O, P.S. Secretariat, Islamabad Police,  Qurban Ali Anwar, S.H.O,  Secretariat Police Station, Islamabad Police and Akram Nagra, Inspector, Islamabad Police in the matter.

On Wednesday, Justice Arbab Muhammad Tahir issued the directives to police in the matter after hearing arguments of counsel of the petitioner Advocate Sharafat A Chaudhry at length whereas the bench also provided ample opportunity to hear the petitioner Dr. Rehiana B. Ali in person.

Author

Khudayar Mohla, Managing Partner Mohla & Mohla, Founder of the Law Today Pakistan,

Managing Partner at Mohla & Mohla - Advocates and Legal Consultants, Islamabad, Founder of The Law Today Pakistan (TLTP) Newswire Service. Former President Press Association of Supreme Court of Pakistan with over two decades of coverage of defining judicial moments - including the dissolution and restoration of Chief Justice Iftikhar Muhammad Chaudhry, Asif Ali Zardari NAB cases, Syed Yousaf Raza Gillani contempt proceedings, Panama Papers case against Mian Nawaz Sharif, matters involving Imran Khan, and the high treason trial of former Army Chief and President Pervez Musharraf. He now practises law and teaches Jurisprudence, International Law, Civil and Criminal Law. Can be reached at: mohla@lawtoday.com.pk

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