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Justice delayed is justice denied: When will the Farooq Ali suspicious murder case be resolved?

Alleged murder case of Biochemist Farooq Ali, a UK national from Azad Jammu and Kashmir (AJK), is a stark example of the maxim ‘Justice delayed is justice denied.’ Since 2022, Dr Rehiana B. Ali seeking legal redress for Ali’s alleged murder has encountered a prolonged lack of resolution, with no equitable relief in sight.

Advocate Sharafat Ali Chaudhry is representing in Farooq Ali murder case before Sessions Court Islamabad. He informed the Law Today News that being lawyer he is experiencing element of delay in this case saying, “one element of delay is consistent in criminal proceedings of this case”. He was of the view that no charge has been framed in the case before Session Court. Chaudhry further said that neither testimony of the witness has been recorded so far in response to private complaint nor investigation has been conducted to probe the matter.

According to facts, in response to court direction during 2022, Police registered First Information Report (FIR) after one month in Farooq Ali murder case but failed to investigate the accused persons to which Dr Rehiana B. Ali filed private complaint before Sessions Judge Islamabad who turned down the plea and then counsel for Dr Rehiana invoked jurisdiction of Islamabad High Court (IHC) for remedy. After hearing both the parties, the IHC agreed with Dr Rehiana B Ali’s contentions and decided revision petition in her favour and directed Sessions Court to conduct judicial inquiry of the case.

In October 2023, Additional Sessions Judge Islamabad (West) Sikandar Khan initiated judicial inquiry in the matter and precured accused persons attendance but still waiting for concerned Magistrate speaking order in State case.

Advocate Sharafat Ali Chaudhry expressed that he used to stay in hotels during professional duties in various cities and well familiar with hotel service where before check out time hotel staff  are always in hurry to say vacate the room.

Besides Dr. Rehian B. Ali says, “No food or even water was offered for 5 days despite Farooq ordering daily, there was no housekeeping for 5 days and the hotel didn’t even chase their own payment for 6 days”.

Advocate Chaudhry raised question mark saying how it is possible that Farooq Ali was staying in Ramada Hotel Islamabad and was not noticed that no room service was availed for days and hotel staff remined silent.

Sharafat Chaudhry who is proficient at criminal law proceedings being lawyer stated that mostly aggrieved party in a case used to change investigation in a criminal offence but in Farooq Ali murder case Poice doesn’t conduct investigation so changing investigation phase never came in the case in hand.

“Since the alleged murder of Farooq Ali, no charge has been framed and no process of evidence recording is initiated which is classic example of delay in justice”, says the lawyer. He informed that Sessions Court Islamabad has remanded the matter to the concerned Magistrate to pass a speaking order in response to State case in the matter a month ago. Sharafat Chaudhry added that the Magistrate has to pass the speaking order then he will contest the matter.

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, and Civil and Criminal Law. Contact: mohla@lawtoday.com.pk

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