ABDUL HAMEED DOGAR, J.---A shocking news item appeared in Daily "DAWN" dated 11th October, 2003 with the caption "Couple's killing ordered by Jirga". Wherein it was published that according to a reliable source the decision to execute Mst. Shazia and her husband Muhammad Hassan Solangi was made at a Jirga of Khaskheli clan by firing squad at sim drain who had marrying each other of their own which was considered by Khaskheli clansmen as a stigma on the honour of their clan.
According to the publication, the couple was caught near the D.P.O. Office and was taken to Nizamani Mohalla where husband Muhammad Hasan Solangi was severely tortured while Mst.
Shazia was confined in her grandfather's house. Though the father of the girl had pardoned her daughter, even then they were done to death.
2. Taking Suo Motu notice of the incident learned Chief Justice of Pakistan, directed District and Sessions Judge, Sanghar to hold an inquiry into the matter and submit a detailed report before this Court within a week. Superintendent Police, Sanghar, and the S.H.O. Of the Police Station, Sanghar was also directed to appear in Court on 24-10-2003. Inspector-General of Police Sindh was also directed to make up probe into the matter and submit a separate report about the incident on the said date.
3. In respect of the above news cutting, a letter, dated 17-10-2003 was also sent to the Registrar of this Court by one Mr. Arif Rasheed from Los Angeles along with the press clipping including editorial published regarding the incident.
4. Accordingly, the learned District and Sessions Judge, Sanghar, conducted a detailed inquiry into the matter and called relevant FIRs viz. Crime Nos. 151 of 2003, 157 of 2003 and 158 of 2003 registered at Police Station Sanghar. He also recorded the statements of Mr.Muhammad Shujaat Mirza, Judicial Magistrate and FCM, Sanghar, accused Ali Sher, Karoo, Chhuto, Dr. Muhammad Ali Baloch, Dr. Shabbir Ahmed Cheena, Dr. Abdul Jalil Memon, Mir Hassan Khaskheli, father of the deceased Shazia, Muhammad Bux Solangi father of deceased Muhammad Hassan Solangi, Mir Hassan, brother of deceased Muhammad Hassan Solangi, Sikandar, Baboo Solangi, Gul Hassan Solangi, the maternal uncles of deceased Muhammad Hassan Solangi, Ghulam Qadir Unar, a Zamindar and District Chief Organizer of Human Rights, resident of Sanghar, Qurban Ali Thahim, Clerk Government Elementary College for Woman. Sanghar, Muhammad Ashfaq Bhatti, President Press Club Sanghar, Inspector Zahid Ahmed, S.H.O. Police Station Sanghar, SIP Pyar Ali Hingoro, Abdul Kareem Sirewal, Zamindar.
5. According to the report, Crime No,151 of 2003 under sections 11/16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 was lodged by Mir Hassan Khaskheli, father of the deceased girl Mst. Shazia at Police Station Sanghar on 5-10-2003, in which it was disclosed that deceased Muhammad Hassan had forcibly taken away deceased Mst. Shazia in Vehicle No, ADW-
021. Crime Report No, 157 of 2003 was lodged on behalf of the State by Zahid Ahmed Nasir, S.H.O. On 8-10-2003 at Police Station Sanghar under section 302/34, P.P.C. Wherein he stated that while he was on patrolling, he received spy information that a green colour car with four male and one female was going towards Sim Nala wherein a lady was crying for her life. On receipt of this information, he along with ASI Arshad Ali, Constables Mushtaque Ahemd, Sikilladho, Illamdin and driver H.C. Sabir Hussain followed the said car in police mobile. It was at about 3-00 a.m. When they reached near village Guloo Wassan at the path, they found a green colour Car No, ADT-862 Suzuki Cultus standing there and they heard two fire shots. On approaching there, they found a lady and male lying dead. Out of four persons, two slipped away whereas two were captured. One of them was having TT Pistol with four live cartridges disclosed his name as Mir Hassan Khaskheli, the father of deceased Mst. Shazia. Another deceased was identified as Muhammad Hassan Solangi with whom she was said to have eloped. A separate case under section 13 of the Arms Ordinance was registered as Crime No,158 of 2003 against Mir Hassan-Khaskheli which was subsequently disposed of under cancelled class and he was let off by the police on the ground that he was not involved in the case.
6. SIP Pyar Ali to whom the investigation was entrusted, stated that on 11-10-2003 he got admitted Mir Hassan Khaskheli in the hospital as a case of Hypertension and chest pain. On 13-10-2003 he tried to record the statement of Mir Hassan Khaskheli in the hospital but he was unable to make a statement.
7. In the inquiry, it is also disclosed by the learned Sessions Judge that the dead bodies of both the deceased were sent for post-mortem examination to the Civil Hospital Sanghar. According to police, heirs of deceased Muhammad Hassan Solangi did not turn up as such, his dead body was buried unclaimed. The learned Sessions Judge in his report has also mentioned that during the investigation of the crime, though so many police officials accompanied S.H.O. Zahid Ahmed Nasir complainant but no one was examined and the statements of captured accused were also not recorded. It was on 16-10-2003, confessional statements of Ali Sher, Karoo and Chhuto were got recorded. It has also been mentioned in his report that nothing fruitful was done in this case excepting that police wanted to transfer unlicensed pistol and bullets recovered from accused Mir Hassan in Crime No,158 of 2003 under section 13-D of the Arms Ordinance on accused Ali Sher.
8. As regards the marriage of deceased Mst. Shazia with Hazoor Bux it is stated in the report that only photo state copy of the nikah-nama was produced by Mir Hassan, father of the deceased girl, whereas Qurban Ali,.Junior Clerk of Elementary College (Female) Sanghar was examined who produced the record of the College whereby Mst. Shazia was shown as unmarried. It was for the first time that the learned Sessions Judge called maternal unlces of the deceased Muhammad Hassan Solangi, namely Sikandar, Baboo and Gul Hassan through Bailiff who appeared and stated that they got apprised of the murder on the publication of the news in the newspaper, where after they came at Police Station Sanghar for lodging the report and collecting the dead body, but neither their case was registered nor the dead body of Muhammad Hassan Solangi was handed over to them which was actually handed over to Edhi Trust for burial.
9. In compliance of the order of this Court, Provincial Police Officer (I.G. Police) Sindh, Karachi constituted a Committee consisting of Mr. Mushtaq Ahmed Shah, DIGP (Operations), Hyderabad, Mr. Javed Ahemd Odho, DOP (Operations) District Badin and Mr. Attaullah Chandio, AIGP Investigation, Hyderabad, to probe into the matter and to submit its findings.
10. The Committee recorded the statements of-
(1) Dr. Mehmood son of Chand Muhammad Rajput, Naib NazimAla, Sanghar.
(2) Haji Khuda Bux son of Gul Muhammad Rajer, Exh-MNA, Sanghar (3). Varyam Faqir son of Fari Muhammad Bachal Khaskheli, Ex.MPA, Sanghar
(4) Abdul Karim son of Abdul Rahim Sarewal Respectable Zamindar of Sanghar
(5) Abdul Wahid son of Bhai Khan Nizamani Taluka Nazim, Sanghar
(6) Murad Ali son of Haji Jaffar Khan Nizamani, Nazim, UC-I, Sanghar
(7) Akhtar Qureshi son of Muhammad Hanif Qureshi, District Reporter Daily Jang and General Secretary of "Chamber of Commerce, Sanghar
(8) Haji Ghulam Qadir son of Muhammad Sadiq Unnar, Chief Organizer, Human Rights, Sanghar
(9) Muhammad Ashfaque son of Ali Haider Bhatti, President, Press Club, Sanghar
(10) Anjum Aftab son of Aftab Nizamani General Secretary, Press Club, Sanghar
(11) Dr. Amir Shaikh, DPO (Ops.), Sanghar
(12) Ali Sher Jakhrani, DPO (Inv.), Sanghar
(13) Haji Noor Ali Mari, DSP Hqrs, Sanghar
(14) Inspector Sajjad Haider, In charge Complaint Cell, DPO Office, Sanghar
(15) Inspector Arshad Ali Premi, SIO, Hqrs, Sanghar
(16) Irshad Ali Rajput, DSP/TPO Hala, Hyderabad.
(17) Mir Hassasn son of 'Mehl() Khan Khaskheli, father of deceased Shazia
(18) Hazoor Bux Khaskheli
(19) Gul Hassan son of Fateh Muhammad Khaskheli
(20) Qabool son of Soomar Khan Khaskheli
(21) Khamiso son of Faqir Muhammad Khaskheli
(22) Ali Bux son of Haji Sono Khan Khaskheli
11. The above mentioned committee in its report arrived at the conclusion that deceased Shazia was married with her cousin Hazoor Bux in February, 2003. She had disappeared from her house on 23-9-2003 and F.I.R. No, 151 of 2003 was lodged at Police Station Sanghar on 5-10-2003 by her father Mir Hassan under sections 11/16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. According to the report of the Committee, the complainant party kept on searching the couple and it was on 8-10-2003, they succeeded in searching them and both were subsequently killed by accused Ali Sher son of Mitho Khaskheli, Chutto Khaskheli son of Gul Muhammad Khaskheli and Karo son of Kundo Khaskheli as the couple had confessed their crime. However, the Committee disapproved the suggestion that the couple was killed in pursuance to a Jirga decision by a firing squad. Said inquiry report was submitted in this Court by Dr. Amir Ahmed Shiekh, DPO, Sanghar on 24-10-2003. He further informed that their investigation has been transferred to the Crimes Branch to make further probe into the incident. Accordingly, this Court directed the members of the Investigating Team in the Crimes Branch Sindh to carry out impartial investigation within one month and final report be submitted to this Court about the fate of the investigation. In consequence, whereof PPO (IGP) constituted a Committee under the Chairmanship of Mr. Mushtaq Ahmad Shah, DIGP (Operations), Hyderabad, to inquire into the matter which concluded that "neither any Jirga was held nor any firing squad was constituted for the murder of the couple Mst.
Shazia and Muhammad Hassan Solangi and according to the investigation of the local Police, No Jirga was held for the decision of the murder of the deceased couple". According to the inquiry, the final challan of the case was also submitted in the Court of raw by Mr. A.D. Khawaja, DPO/Hyderabad on 5-1-2004. The copy of this report was also submitted in this Court by Mr. Anwar Subhani, DSP (Legal) on 22-1-2004: This Court, feeling still dissatisfied with the inquiry report, directed that Mr. Mushtaq Ahmed Shah, DIGP (Operations), Hyderabad, to personally appear before this Court along with all the inquiry papers and other material, collected in this crime along with all the orders passed by the I.-G. Police relating to this matter.
12. When this matter was taken up by this Court on 26-2-2004, Mr. Mushtaq Ahmed Shah, DIGP (Operations), Hyderabad, appeared along with Mr. A.D. Khawaja, SSP, Hyderabad, Mr. Amir Shaikh, DPO, Sanghar, Mr. Zahid Ahmed Nasir, S.H.O and Mr. Anwar Subhani, DSP Legal and submitted inquiry report conducted in this matter wherein, he has mentioned that in compliance with the order of this Court, the Inspector-General of Police instituted a Committee of two Officers of the rank of Superintendents of Police headed by him to conduct the inquiry into the incident. The Committee visited Sanghar and submitted inquiry report on 22-10-2003. It was on 23-10-2003, the Inspector-General of Police entrusted the investigation to the team of Officers from Hyderabad District, consisting of one DSP and two Inspectors. Again on 20-12-2003, Inspector-General of Police transferred the investigation to Mr. A.D. Khawaja, DPO Hyderabad District, who carried out further investigation and finally submitted challan against 11 accused persons and placed one accused Mir Hassan, father of the deceased Mst. Shazia) in 'Column No,2. As regard constitution of Jirga by the feudal lords and formation of firing squad to assassinate the couple, no such fact transpired during the investigation and according to him, the entire investigation was carried out purely on merits.
13. Mr. Mushtaq Ahmed Shah, DIGP (Operations) submitted that he had himself conducted the inquiry and was satisfied with his report. Similarly, the Superintendent of Police namely, Dr. Amir Shaikh, also submitted that they had also investigated the case and conducted the inquiry whereby they are satisfied that the murder of the couple, namely Mst. Shazia and Muhammad Hassan Solangi was not in pursuance of the Jirga decision but was a simple honour killing.
14. Admittedly neither correspondent nor publisher or Editor of daily 'DAWN' was examined during any of the inquiries conducted by them. So much so that no one from among the relatives of the deceased Muhammad Hassan Solangi was examined by the police in any inquiry. When confronted with the inquiry report conducted by learned Sessions Judge, Sanghar, all the police officials showed ignorance about the same and said that they have not gone through the same as such they are not conversant with its findings.
15. Another important aspect which cannot be brushed aside is the very lodging of F.I.R by Inspector, namely Zahid Ahmed Nasir, S.H.O. Police Station, Sanghar himself without calling any person from the relatives of the deceased. From the contents of the F.I.R, it transpires that the concerned police had the knowledge and thus followed the Car in which the deceased couple was available. According to S.H.O. Zahid Ahmad Nasir he and the above mentioned other police officials saw four males and one girl seated inside the Car which was going towards Sim Nala side wherein the girl was crying for help. Thus, they chased the Car in Mobile Van and when were at a distance of about two or two and a half acres away, they heard the fire shots. They noticed that a green colour Car Cultus No,862 was parked at Sim Nala near village Gul Wassan. The dead bodies of girl and a male were lying therein. He, however, apprehended Mir Hassan, father of the deceased girl with pistol and one Chhuto by caste Khaskheli standing at the Sim Nala Surprisingly, said Mir Hassan was found innocent and was let off. During the inquiry, the learned Sessions Judge had made certain queries, the replies whereof have been taken note of by him seriously in his report.
While concluding the inquiry, the learned Sessions Judge came to the conclusion that in his view, it was under a deep conspiracy in between Khaskheli Clan and the police, deceased Mst. Shazia and Muhammad Hassan Solangi were called at or arourtil Sanghar by force or by powerful influence and the efforts were made to separate them, but possibly the spouse had decided either to live jointly or to accept death, and they did not agree to the terms and conditions of the private decision makers whereby the execution has been carried out on the fateful day.
16. From the report it has also transpired that the couple had contacted the police for providing the protection but on the contrary, they were handed over to the relatives of the girl who murdered them. Since the police reports on the subject are contradictory to the report of learned Sessions Judge, Sanghar, as such, in the above circumstances, we feel it appropriate to refer the matter to the IGP Sindh, who shall look into the matter personally in order to ascertain the individual liability of the concerned Police Officers about their involvement in the matter, in any manner, for non- conducting the investigation/inquiry impartially. All the above police officers, present in the Court, frankly conceded that there had occurred serious lapses in the inquiries/investigations on their part. They also admitted that till this time, no action of any sort has been taken against any of the police officers in this matter. Moreover, the manner in which this case has been handled from very beginning casts serious doubts in our mind which is to be dealt with seriously with some concrete results. This exercise must be completed within one month after receipt of copy of this order. Final report whereof be forwarded to the Registrar of this Court immediately.