The present incident took place on 12-2-1996 at 3-30 p.m. And the report was lodged the same day at 4-20 p.m. In Police Station Gunnar Farm by A.S.I. Alif Khan. In the first information report, Alif Khan, Station House Officer has stated that prior to the lodging of the F.I.R., the people of Gunnar Farm had trespassed into the Government land situate in Gunnar Farm and two separate cases under section 447/427/147, P.P.C. Were registered vide F.I.Rs. Nos.4 of 1996 and 7 of 1996 against one Jano and 17 others, residents of Gunnar Farm. Separate charge-sheets were prepared and the cases were sent to the competent Criminal Court for trial and the same are pending for disposal.
2. As a precautionary measure section 144, Cr.P.C. Was also imposed within the limits of Gunnar Farm in order to avoid any apprehension of breach of peace. The Duty Magistrate and the Police Force were present in P.S. Gunnar Farm, while the personnels of Chitral Scout were in the Agriculture Farm in order to avoid any untoward incident. On the eventful day at the relevant time, a mob took out a procession from the Gunnar Bazar and proceeded towards the Agriculture Farm. The Police Force was already alert and it was divided into three sections. A.S.I. Niamat Khan was incharge of the tear gas section, whereas Alif Khan maker of the F.I.R. Was incharge of the Lathi section and Attaullah A.S.I. Was incharge of the Rifle section. All the three abovementioned sections left for the Agriculture Farm to protect Government land and other Government installations in the company of the Magistrate.
3. In front of the Gunnar Bazar close to the Agriculture Farm, the mob and the Police Force had a confrontation. The Duty Magistrate warned the unruly crowd to disperse peacefully, but instead of dispersing, they proceeded towards the Gunnar Farm with the intention to damage the same. At the relevant time, the unruly mob was consisting of about 600 persons and they wanted to take forcible possession of the Government land under the leadership and guidance of Abdul Ghani and 14 others, residents of Gunnar Farm and the said accused persons were instigating and provoking the unruly mob. They were seen by Muhammad Umar Khan, F.C. Etc. While instigating the mob. The mob trespassed into the Agriculture Farm and started uprooting trees and pelting stones at the Police Force. The Magistrate, who was on duty ordered the Police Force to fire tear gas shells on the unruly crowd. The crowd could not be controlled and therefore police was ordered to resort to Lathi-charge. When the people were being Lathi-charged, to the meantime shots were fired on the Police Force from the mob. As a result of firing, A.S.I. Niamat Khan was hit and died instantaneously and Machar Khan, F.C. Also sustained fire-arm injury.
4. Initially 15 persons namely, Abdul Ghani, Wazir, Malook, Umar Yar, Haji Akbar, Wakeel, Rehmat Khan, Gulbaz, Zia Alam, Obedullah, Juma Noor, Khurshid Alam, Salahuddin, Liaqat A.I and Fazil were named to the F.I.R. As leaders of the processions. During the course of investigation, the abovementioned 15 persons alongwith six other persons were arrested by the Police on different dates. But no specific role or overt act has been attributed to any of the accused. Machar Khan, F.C.
Injured (P.W.) was examined under section 161, Cr.P.C. On 24-3-1996 after 12 days of the occurrence and his supplementary statement under section 161, Cr.P.C. Was also recorded on 7-5-1996 after about 2 months and 25 days of the incident, but in both the statements, he has not charged any body for the fatal shots.
5. No incriminating articles to connect the accused/petitioners with the alleged offence, have been recovered from any of the accused/petitioners. As the occurrence took place at the spur of moment, therefore, every accused is liable for his individual act, but no overt act has been attributed to any of the accused/petitioners.
6. Accused/petitioners Nos.1 to 6 namely, Yaseen, Abdul Nazir, Abdul Majeed, Mujeebur Rehman, Rojhan and Javed are not named in the F.I.R. As leaders of the procession. Four persons namely, Gulbaz, Zia Alam, Liaqat A.I and Haji Akbar, whose names figure in the F.I.R. As leaders, were released on bail by the learned Sessions Judge, Diamer on different dates, so under the rule of consistency, the present accused/petitioners are also entitled to the concession of bail.
7. On the direction of Duty Magistrate, the Police Force fired tear gas shells, resorted to Lathi-charge on the mob and also fired about 140 shots in the air. All the offences are bailable, except the offence under section 302/307, P.P.C., for which nobody has been charged by name. The investigation in the case in hand is complete and the accused/petitioners are no longer required in connection with the investigation of the case in hand.
8. Under the circumstances, the case requires further inquiry, therefore, without going deep into the merits of the case, I deem it fit and proper in the interest of justice to allow bail to all the accused/petitioners, subject to their furnishing bail bonds in the sum of Rs.50,000 with two sureties, each in the like amount to the satisfaction of Magistrate First Class, Chilas.