This complaint has been filed by Taj Muhammad and another wherein they have stated that Complainant No. 1 was challaned in a false case of murder and had suffered agony of trial for five years out of which for three years he alongwith four persons namely, Malik Ameer Khan, Sanoobar Hussain, Mazhar Hussain and Ajab Mussain remained in Jail, ultimately they were acquitted of the charge of murder of Mst. Malkani on 31.05.2001. Vide order dated 21.07.2006 learned District & Sessions Judge, Rawalpindi was directed to conduct inquiry in the matter. -He has submitted report, perusal whereof indicates that Taifur Akhtar, S.I. P.S Taxila (now DSP), Ali Asghar, S.I./SHO PS Civil Lines, Rawalpindi, Mujahid Hussain I/SHO PS Civil Lines, Rawalpindi (now DSP), Ijaz Hussain SI PS Civil Lines, Rawalpindi (Now Inspector), Muhammad Shafique, ASI PS Civil Lines, Rawalpindi, Allah Rehm ASI/Reader DSP/SDPO, Civil Lines; Rawalpindi and Nazeer Ahmed, I/SHO PS Taxila (Now DSP) have been found not guilty. As far as Muhammad Zarat Kiani, DSP/SDPO Civil Lines, Rawalpindi (now SP) is concerned he has been declared guilty. On perusal of the record which has been summoned, it indicates that he had no effective role to play in this case. Therefore, we are of the opinion that he is also not guilty in the matter, thus, no further action is called for to their extent.
2. As far as Abdul Majeed Waraich, Raja Sikandar Hayat, Muhammad Iqbal Khan, Muhammad Fayyaz and Muhammad Ashraf have been found guilty in the judicial inquiry by the learned Sessions Judge, Rawalpindi. They are required to be proceeded against in accordance with law.
Copy of the inquiry report as well as the fair copy of the chart which has been submitted by the Additional Advocate General be sent to the Inspector General of Police/ PPO, Punjab for initiating disciplinary action as well as criminal proceedings under the law. Needless to say that they will be dealt with strictly according to the relevant provisions of law.
3. As far as complainant is concerned, if he desire he can sue the responsible persons for damages etc if so law permits.
4. Mat. Malkani Bibi is present in Court and stated that the dispute had arisen out of the land which was pending between her and Malik Muhammad Taj etc. Therefore, PPO shall also examine her case and would determine whether she had been kept in illegal detention for a long period and under what circumstances she was sent to District Jail Gujrat. On coming to the conclusion that she remained in illegal custody then action against the persons responsible to detain her for a period of six years shall also be taken strictly according to law.
5. The PPO shall also inquire about the dead body which was shown to be of Mst. Malkani and shall also proceed against them according to law and efforts shall also be made to detect that what was the identity of the dead body and who is responsible for her murder. The culprits, if traced out shall be proceeded against PPO is directed to constitute a team of Senior Police Officers who will make thorough probe into the matter but the cases shall be decided without being prejudice from the present proceedings and Judicial Inquiry conducted by learned District & Sessions Judge.
6. The progress report of the whole episode shall be sent to the 'Registrar of this Court for our perusal in chamber within a period of three months i.e. on or before 16th May, 2007: The matter stands disposed of accordingly.