' IFTIKHAR MUHAMMAD CHAUDHRY, C.J.----Two reports have been submitted by Qamar Zaman Chaudhry, Secretary Interior, Government of Pakistan and by Bani Amin, D.I.-G. (Operations), Islamabad. Contents of both the reports are reproduced hereinbelow.:- Report Submitted by Secretary Interior "I wish to bring to your kind attention about the arrest of main accused Rooh-Ullah in the murder case of Sardar Khan Advocate. He has been arrested in Dubai where he travelled from Kabul on PAMIR Airways Flight No, PM0209 on 25th January, 2011.
2. Under the directions of this honourable Court vigorous work/ investigations were carried out to arrest all the accused in this case. I was specifically directed to oversee progress. Four accused were nominated by the Son of the deceased Advocate. Namely, Safi Ullah, Iftikhar Ahmad, Rubina Suleman and Rooh Ullah. Rubina who was an accomplice in this murder was herself murdered by the main accused Rooh Ullah in Peshawar. Thus he committed two murders and was required by the Islamabad and KPK Police. Safi-Ullah and Iftikhar were arrested. However the main accused Rooh-Ullah crossed the border into Afghanistan. He was declared a PO and all required legal processes were completed. His properties were sealed and bank accounts frozen.
3. I constituted a Committee comprising of Officers of Islamabad and KPK Police forces. Both the police forces continued very active search and investigations into the case. It was found out that the accused Roohullah had travelled on forged documents to Afghanistan. A false Afghan's Passport was also prepared for him by his Cousin Fazal Ahmad.
4. On the basis of a source report the Islamabad Police was informed about his flight schedule to Dubai on 25 January, 2011. This information was shared with myself. Interpol Authorities at UAE were alerted and the fugitive was intercepted/arrested at Dubai Airport on 25 Jan evening. Mr. Tahir Ayub, SP Investigation was sent to Dubai the same night to ascertain the veracity of arrest. He has confirmed it.
5. Extradition documents have been prepared poste laste and delivered to MOFA who will send these to Pak. Embassy in UAE. I have personally spoken to our Ambassador in UAE and asked him to ensure early extradition of accused to Pakistan.
6. Sir, I wish to apprise you of the commendable team work performed by Officers of Islamabad and KPK Police. More importantly SP Investigation Tahir Ayub, DSP Shafiq, Mr. Liaqat CPO Peshawar and DIG Operations Bani Amin.
7. I would also like to avail this opportunity and inform your honour that investigations in a few other cases of murder of lawyers in Sindh and Balochistan is also being actively pursued. The murderers of Sardar Zulfiqar in Karachi have been arrested. Investigation in the case of Raja Muhammad Riaz Advocate were closed in July, 2008. The same has been re-activated on 20 Sep.
2008. Advocate Zaman Marri's murder's case is being personally pursued by IGP Balochistan."
REPORT SUBMITTED BY BANI AMIN, DIG OPERATIONS, ISLAMABAD "In furtherance of our previous report, it is submitted that Human Rights case pertaining to Case F.I.R. No,58, dated 3-2-2010 under section 302/34, P.P.C., Police Station Shalimar, Islamabad, wherein, Advocate Mr. Muhammad Sardar Khan was killed. The case came up for hearing on 11-1-2010, and the apex Court was pleased to order as under:- "Progress report has been submitted which is not satisfactory. Mr. Asif Nawaz, Additional Secretary, Ministry of Interior is also present. He is directed to convey to the Secretary Ministry of Interior that he should arrange meeting in his office with the Chief Secretary and P. P.O, K.P.K along with the officers who are dealing with the case in Islamabad and make sure that accused involved in the murder case of Muhammad Sardar Khan is arrested without any further delay and submit report on the next date of hearing. Incident had taken place about one year before and despite directions of this Court, the accused allegedly involved in the commission of offence has not been arrested so far Adjourned to 14-1-2011." (Annex A)
2. In the light of directions of apex Court, a meeting was held which was presided by Secretary Interior and participated by Chief Secretary, KPK, CCPO/ KPK, IGP/ ICT, and others. It was unanimously decided to constitute a dedicated investigation team comprising of following:--
(i) Mr. Bani Amin Khan, DIG Operations, Islamabad
(ii) Mr. Waqar-ud-Din, SP/ Investigation, KPK.
(iii) Mr. Tahir Ayub, SP/Investigation, Islamabad
3. Under able guidance of the Secretary Interior, DIG/ Operations and his team worked on scientific lines and obtained Call Detail Record (CDR) of 12 Telephone Numbers 120111122048, 923226335977, 150111054102, 923044419420, 784202965, 784202965(sic), 785753952, 785753952, 03009394478, 03009555514, 923339028488 and 3159515440, used by fugitive Rooh Ullah on e-mail from Kabul, Afghanistan. ' The frequent contacts of fugitive were detected at Karachi and Peshawar.
4. A raid under the supervision of Mr. Tahir Ayub was conducted at the residence of one Tariq Khan, close associate and business partner of fugitive. Unfortunately, wanted suspect fled away to Afghanistan, however, another raid conducted at Peshawar yield results and Ameer Shah, another close associate was apprehended. On the other hand, sources were activated at Kabul, Afghanistan to trace out the accused. Fugitive sensing the eminent threat of arrest, decided to leave Kabul to Dubai through PAMIR Airways, booking reference # PAA6UX, under the name of Fazal Ahmedar son of Abdul Khaliq (Annex-B). The sources at Kabul, Afghanistan passed this information to DIG/Ops and SP/Investigation, Islamabad through SMS. The fugitive was expected to land at Dubai Airport at 0930 hrs on 25-10-2011. Mr. Qamar Zaman Chaudhry, Secretary Interior, activated Interpol Authorities at UA.E and the fugitive was intercepted.
5. Ministry of Foreign Affairs through Ministry of Interior has been requested for the extradition of fugitive to Islamabad for his trial in the competent court of jurisdiction please. (Annex-C)"
2. It is important to note that Mr. M. Sardar 'Khan, Advocate Supreme Court and former Advocate- General, KPK was murdered on 3rd February, 2010 in Islamabad. Apparently efforts were being made for causing the arrest of the accused persons but the alleged principal accused Rooh-Ullah could not be arrested as after commission of the crime he was reported to have gone to 'Province of K.P.K.
3. On the eve of commencement of the Judicial Year 2010-11 of the Supreme Court held on 14th September,. 2010, the then President of the Supreme Court Bar Association, namely, Qazi Anwar stated that Mr. M. Sardar Khan, Advocate Supreme Court, who had been Advocate General K.P.K.
Thrice, Attorney-General for Pakistan and Member of the Law and Justice Commission of Pakistan was murdered on the main road of Sector G-9, Islamabad when he was on the way having appeared before this Court in the morning in discharge of his professional duties and that his murderers were though identified but not arrested, therefore, in his speech he incorporated the plea of the widow of the deceased lawyer to get justice. Therefore, considering it a case of important nature in violation of Article 9 of the Constitution, notices were issued to the police authorities. Meanwhile, Secretary Interior, Government of Pakistan was also asked to supervise the investigation and ensure the arrest of the accused so he may face the trial. It is to be noted that four IA accused persons were nominated by the son of the deceased Advocate. The names of the accused are, Safi Ullah, Iftikhar Ahmad, Robina Suleman and Rooh-Ullah, Report submitted by the Secretary Interior reveals that Robina accused who was an accomplice in the murder, was herself murdered by the main accused Rooh-Ullah in Peshawar, thus, the latter being involved in two murders was required to be arrested by Islamabad and K.P.K. Police. Under the command of the Secretary Interior, efforts were made for causing the arrest of accused Rooh-Ullah and in the meantime, remaining two accused Safi Ullah and Iftikhar Ahmed were arrested and now Rooh Ullah has also been arrested.
4. The contents of the above reports reveal important facts clearly indicating that the Secretary Interior guided the police party in right directions comprising Bani Amin, D.I.-G. (Operations), Islamabad, Waqar-ud-Din, S.P. (Investigation) K.P.K. And Tahir Ayub, S.P. (Investigation) to make breakthrough as in the meantime the accused had made his escape good to Afghanistan and then statedly to Dubai from where he has been arrested. Secretary Interior informs that efforts are being made for extradition of Rooh-Ullah accused from Dubai to Pakistan subject to completion of formalities for which necessary steps have already been taken. The efforts made by the Secretary Interior in constituting and guiding the police party and also involving all other concerned quarters have led to achieving the object which is highly commendable. Similarly, we appreciate the efforts taken by Bani Amin, D.I.-G. (Operations) and two other Police Officers named above in tracing the accused and ultimately causing their arrest. The appreciation so earned by Secretary Interior and the Police Officers may be sent to their departments for placing on their service record.
5. It is to be noted that beside the case of Sardar Khan, the Secretary Interior was also asked to look into the cases of three other advocates who have also been murdered, summary of the same has also been incorporated in the report. We are confident that progress shall also he made in their cases except Sardar Zulfiqar who was murdered in Karachi and in that case the accused persons have been arrested. The Secretary Interior may place on record the progress report through the Registrar in respect of the remaining cases of two lawyers, namely, Raja Muhammad Riaz Advocate and Zaman Murri Advocate as according to the report P.P.O. Balochistan himself is supervising the investigation of this case. With the above observations, the instant case is disposed of accordingly.