SC summons record, investigator of Shahzeb murder case
22 February, 2013
ISLAMABAD: Expressing dissatisfaction over police investigation in the Shahzeb Khan murder case, the Supreme Court on Thursday made it clear that the whole nation is following this case; therefore it has turned into a test case for the police and courts.
The court has summoned the investigating officer (IO) along with the complete police record of the case today (Friday). Heading the three-member bench of the apex court, Chief Justice of Pakistan Iftikhar Muhammad Chaudhry questioned why has no progress been made in the case during the past two months. He asked who is responsible for declaring the main accused, Shahrukh Jatoi, a juvenile earlier and who told the police surgeon to authenticate the false report. He noted that it seems that an attempt was made to hush up the matter.
The chief justice remarked that there was no policing in the state and crime was increasing. Meanwhile, Justice Azmat Saeed said that the helplessness showed by the law enforcement agencies in Pakistan was worse than that of any force in the African countries. During the hearing, Karachi DIG Shahid Hayat submitted a detailed report on the murder of teenager Shahzeb Khan, which revealed that an unlicensed pistol was used in the murder.
According to the report, the medical board has confirmed that Shahrukh Jatoi is an adult and that his educational record shows 1993 as his birth year. Moreover, the vehicle used in the incident belonged to the brother of Shahrukh, who was using it on a "transfer letter". The bench asked whether the vehicle was registered in the name of Shahrukh's brother, to which the officer responded that it was not, and was being used on an "open-letter".
The court observed that the vehicles being driven on open-letters were used in criminal activities, therefore this practice must be stopped immediately. Justice Iftikhar reprimanded the Karachi DIG, saying apparently he had no interest in the case nor felt any responsibility. "Due to the irresponsible attitude of the police, investigations in the case turned to a wrong direction," he added.
The court expressed annoyance with the FIA for not arresting the officials who facilitated Shahrukh in fleeing, and again asked the agency to submit a report in this regard on Friday (today). FIA Director (Legal) Azam Khan told the bench that the Airport Security Force was not cooperating with the FIA in the matter. Meanwhile, the court accepted Shahrukh Jatoi's miscellaneous petition for regular hearing.
It must be noted that in his application Shahrukh has requested the Supreme Court to dispose of the suo motu case to prevent the trial court from being influenced from its proceedings in this matter. He also stated that whatever observation, remarks, finding recorded and the court's orders had admittedly were at the back of him and at no stage, the version of the applicant was before the court, therefore the entire proceedings and action taken against the him were violative of principle of natural justice as recognised in all criminal jurisprudences.
The applicant questioned whether the superior courts could assume the role of investigator or monitors in the investigation of the case. He has also asked how would it be possible for the applicant to get justice from any subordinate court, including the trial court.