Fasih Jugnoo Tribunal report
September 24, 2010
Karachi
The judicial inquiry constituted on the orders of the government of Sindh to ascertain the circumstances and causes leading to the death of Fasih Ahmed alias Jugnoo, one of the accused in the Hakim Said murder case, who died in police custody on October 23, 1998, has held police officials and civil mushirs responsible of manipulating, fabricating, making forged entries in the station diaries and registering forged FIRs to cover up the causes of the death of the accused and making false statements before the inquiry officer, the then deputy commissioner, Javed Hanif.
The report, obtained by The News, held 18 people responsible. They were DSP Ghulam Subhani, Inspector Javed Anjum, Sub-Inspector Ghulam Raza, Assistant Sub-Inspector Arshad Butt, Head Constable Arshad Hussain, Constable Shahzad Nazeer, PC Mohammed Azam, SI Syed Ahsan Zulfiqar, SI Syed Mumtaz Hussain, PC Mohammed Hussain, HC Nizamuddin, SI Asghar Dahri, SI Shoib Ali, ASI Pir Bux, PC Ashiq Hussain, HC Mohammed Nazeer and the two musheers, Mohammed Akram and Mazhar Farooqui.
Of all the 18 police personnel, only two, Shahzad Nazir and Arshad Hussain, are facing trial as the others were either killed in police encounters or target killings.
A judgment in the case has been reserved till September 25 in the court of Additional District and Sessions Judge (South), Abdul Razzak.
On October 28, 1998, a press note was issued after the notification of the inquiry report which invited people having any knowledge about the facts of the case to record their statements in the office of the District Magistrate of Karachi Central.
The parents of Fasih were also summoned to testify, but the notice could not be served on them as Ghulam Mustafa, the bailiff of District Central, reported that the parents were not available and their house was locked.
The points of determination were the cause of death of accused Fasih and who was responsible for his death.
About 33 people deposed before the court who included the Senior MLO of JPMC, Mohammed Talib Junejo, the MLO of JPMC, Dr Rafiq Ahmed Memon, the SDM of Arambagh, Rasool Bux Samejo, a chemist at Chemical Examiner’s Laboratory, Government of Sindh, Parakash Hari Ram Advani, all the 18 police officials and musheers whose names were included in the inquiry report.
The report discussed the evidence of some of the witnesses examined according to which Rasool Bux Sumejo, AC and SDM of Arambagh, stated that on October 23 at about 2200 hours under the directions of the DC of Karachi South he conducted an inquiry under Section 176CrPC in respect of the body of Fasih, observing that there had been signs of coloured marks on both hands and foot, marks on buttocks and on shoulders and on the back.
Another statement was of Dr Parakash on November 5, 1998, that his office received two sealed jars and one sealed bottle obtaining the viscera of the deceased through the Saddar police station.
A report was prepared and submitted to the office of the deputy commissioner on November 11, 1998, which said that the result of the chemical analysis of the viscera of the deceased showed that all tests were found negative. Therefore, any poison, tranquilizer and other substances in the report was absent.
Yet another witness was Dr Mohammed Anwar, who had conducted the gross microscopic examination of the viscera of a lung, one kidney and spleen of the body, the postmortem of which was said to have been conducted by the MLO of JPMC which indicated that no active pathology was seen.
Dr Mohammed Talib Junejo said that the chemical examiner’s report was negative and that no active pathology was seen hence they were of the opinion that the death of the deceased was caused due to shock, leading to cardio-respiratory failure resulting from cumulative effect of multiple injuries.
Dr Rafiq Memon, who also corroborated Dr Junejo completely on the cause of death, stated that it was possible that the injuries were from a hard and blunt object and that the deceased was healthy by appearance.
The report said as regard the first point of determination, i.e. the cause of death of the accused, there was no ambiguity. The MLO and Dr Talib and Dr Rafiq had clearly stated there had been at least 27 injuries on the body of the deceased otherwise he had been healthy, and in their opinion he died of shock leading to cardio-respiratory failure resulting from cumulative effects of multiple injuries caused by some hard and blunt object.
In view of the opinion of the MLO he held that the deceased died due to multiple injuries. As regard to the second point of determination, who was responsible for the death of Fasih, there had been certain points which needed clarification.
The police story emerged from the statement/evidences recorded by the police officials that SI Javed Anjum and Arshad Hussain received some information that a suspect in Hakim Said murder case had been hiding in Scout Colony. They then picked up two mushirs from a bus stop, Mohammed Akram Niazi and Mazhar Farooqui, and reached the place where the accused had been hiding.
No sooner had the police reached the place then the accused tried to escape, but the raiding party arrested him and recovered one stolen car, one KK and 20 rounds of ammunition and was kept in the CIA Centre while ASI Arshad went to Mobina Town after lodging an FIR.
During the interrogation the accused disclosed that others involved in Hakim Said’s murder had been hiding in Apsara Apartment.
Again a raiding party in three Armoured Personel Carriers was sent to the said apartment where they recovered a large amount of arms and ammunitions, passports, a diary and mobile phones.
The accused, Fasih Jugnoo, was then detained in the CIA Centre where he complained of chest pain and was taken to the JPMC. According to the police version he was pronounced dead by a doctor at the Jinnah Hospital.
The inquiry officer, after conducting an investigation and medical report, belied the story for many reasons. Firstly, according to the police,
the accused had been arrested at about 1630 hours in a car parked in the Scout Colony of PS Mobina Town and he visited the place and cross-examined about three of the neighbours who stated that the police party had arrested the deceased in his house. For verification, he also visited Apsara Apartments and inquired from the residents and they, too, gave similar statements.
The inquiry officer said that there had been a number of contradictions in the statements of the police officials who gave different time of raiding the house of the deceased.
Some said that he had been arrested at about 1630 hours while others said at 1738 hours. DSP Ghulam Subhani stated that the accused had been present at the CIA Centre at about 1630 hours. This showed that the accused had been present at the CIA Centre much before the reported time of the arrest.
Similarly, all the police officials had stated that there had been no injury marks on the body of the accused.
The medical report very clearly termed that the time of death of the accused had been between 1348 hours and 1630 hours on October 23, 1998.
Finally, the report said that the actual story emerging from the facts was that the accused had been arrested by the police party in his house and further it was clear from the medical report that the accused was either already dead or was nearly dead at 1645 hours, the time which ASI Arshad Butt had shown of his arrest in the FIR registered at the Mobina Town police station and SI Javed Anjum had showed his time of arrival at the CIA centre to be 1738 hours and after the death of the accused the police officials devised a plan and made wrong entries in the station diaries and registered forged FIRs. It also proved that the accused had been in illegal custody of the raiding party from 0400/0430 hours to 1645 hours.
It was clear that the accused had died of injuries inflicted upon him and was in illegal custody of the raiding party and that the police party was responsible for the death of the accused and recommended that proceedings under the relevant law be initiated against them.
The judicial inquiry constituted on the orders of the government of Sindh to ascertain the circumstances and causes leading to the death of Fasih Ahmed alias Jugnoo, one of the accused in the Hakim Said murder case, who died in police custody on October 23, 1998, has held police officials and civil mushirs responsible of manipulating, fabricating, making forged entries in the station diaries and registering forged FIRs to cover up the causes of the death of the accused and making false statements before the inquiry officer, the then deputy commissioner, Javed Hanif.
The report, obtained by The News, held 18 people responsible. They were DSP Ghulam Subhani, Inspector Javed Anjum, Sub-Inspector Ghulam Raza, Assistant Sub-Inspector Arshad Butt, Head Constable Arshad Hussain, Constable Shahzad Nazeer, PC Mohammed Azam, SI Syed Ahsan Zulfiqar, SI Syed Mumtaz Hussain, PC Mohammed Hussain, HC Nizamuddin, SI Asghar Dahri, SI Shoib Ali, ASI Pir Bux, PC Ashiq Hussain, HC Mohammed Nazeer and the two musheers, Mohammed Akram and Mazhar Farooqui.
Of all the 18 police personnel, only two, Shahzad Nazir and Arshad Hussain, are facing trial as the others were either killed in police encounters or target killings.
A judgment in the case has been reserved till September 25 in the court of Additional District and Sessions Judge (South), Abdul Razzak.
On October 28, 1998, a press note was issued after the notification of the inquiry report which invited people having any knowledge about the facts of the case to record their statements in the office of the District Magistrate of Karachi Central.
The parents of Fasih were also summoned to testify, but the notice could not be served on them as Ghulam Mustafa, the bailiff of District Central, reported that the parents were not available and their house was locked.
The points of determination were the cause of death of accused Fasih and who was responsible for his death.
About 33 people deposed before the court who included the Senior MLO of JPMC, Mohammed Talib Junejo, the MLO of JPMC, Dr Rafiq Ahmed Memon, the SDM of Arambagh, Rasool Bux Samejo, a chemist at Chemical Examiner’s Laboratory, Government of Sindh, Parakash Hari Ram Advani, all the 18 police officials and musheers whose names were included in the inquiry report.
The report discussed the evidence of some of the witnesses examined according to which Rasool Bux Sumejo, AC and SDM of Arambagh, stated that on October 23 at about 2200 hours under the directions of the DC of Karachi South he conducted an inquiry under Section 176CrPC in respect of the body of Fasih, observing that there had been signs of coloured marks on both hands and foot, marks on buttocks and on shoulders and on the back.
Another statement was of Dr Parakash on November 5, 1998, that his office received two sealed jars and one sealed bottle obtaining the viscera of the deceased through the Saddar police station.
A report was prepared and submitted to the office of the deputy commissioner on November 11, 1998, which said that the result of the chemical analysis of the viscera of the deceased showed that all tests were found negative. Therefore, any poison, tranquilizer and other substances in the report was absent.
Yet another witness was Dr Mohammed Anwar, who had conducted the gross microscopic examination of the viscera of a lung, one kidney and spleen of the body, the postmortem of which was said to have been conducted by the MLO of JPMC which indicated that no active pathology was seen.
Dr Mohammed Talib Junejo said that the chemical examiner’s report was negative and that no active pathology was seen hence they were of the opinion that the death of the deceased was caused due to shock, leading to cardio-respiratory failure resulting from cumulative effect of multiple injuries.
Dr Rafiq Memon, who also corroborated Dr Junejo completely on the cause of death, stated that it was possible that the injuries were from a hard and blunt object and that the deceased was healthy by appearance.
The report said as regard the first point of determination, i.e. the cause of death of the accused, there was no ambiguity. The MLO and Dr Talib and Dr Rafiq had clearly stated there had been at least 27 injuries on the body of the deceased otherwise he had been healthy, and in their opinion he died of shock leading to cardio-respiratory failure resulting from cumulative effects of multiple injuries caused by some hard and blunt object.
In view of the opinion of the MLO he held that the deceased died due to multiple injuries. As regard to the second point of determination, who was responsible for the death of Fasih, there had been certain points which needed clarification.
The police story emerged from the statement/evidences recorded by the police officials that SI Javed Anjum and Arshad Hussain received some information that a suspect in Hakim Said murder case had been hiding in Scout Colony. They then picked up two mushirs from a bus stop, Mohammed Akram Niazi and Mazhar Farooqui, and reached the place where the accused had been hiding.
No sooner had the police reached the place then the accused tried to escape, but the raiding party arrested him and recovered one stolen car, one KK and 20 rounds of ammunition and was kept in the CIA Centre while ASI Arshad went to Mobina Town after lodging an FIR.
During the interrogation the accused disclosed that others involved in Hakim Said’s murder had been hiding in Apsara Apartment.
Again a raiding party in three Armoured Personel Carriers was sent to the said apartment where they recovered a large amount of arms and ammunitions, passports, a diary and mobile phones.
The accused, Fasih Jugnoo, was then detained in the CIA Centre where he complained of chest pain and was taken to the JPMC. According to the police version he was pronounced dead by a doctor at the Jinnah Hospital.
The inquiry officer, after conducting an investigation and medical report, belied the story for many reasons. Firstly, according to the police,
the accused had been arrested at about 1630 hours in a car parked in the Scout Colony of PS Mobina Town and he visited the place and cross-examined about three of the neighbours who stated that the police party had arrested the deceased in his house. For verification, he also visited Apsara Apartments and inquired from the residents and they, too, gave similar statements.
The inquiry officer said that there had been a number of contradictions in the statements of the police officials who gave different time of raiding the house of the deceased.
Some said that he had been arrested at about 1630 hours while others said at 1738 hours. DSP Ghulam Subhani stated that the accused had been present at the CIA Centre at about 1630 hours. This showed that the accused had been present at the CIA Centre much before the reported time of the arrest.
Similarly, all the police officials had stated that there had been no injury marks on the body of the accused.
The medical report very clearly termed that the time of death of the accused had been between 1348 hours and 1630 hours on October 23, 1998.
Finally, the report said that the actual story emerging from the facts was that the accused had been arrested by the police party in his house and further it was clear from the medical report that the accused was either already dead or was nearly dead at 1645 hours, the time which ASI Arshad Butt had shown of his arrest in the FIR registered at the Mobina Town police station and SI Javed Anjum had showed his time of arrival at the CIA centre to be 1738 hours and after the death of the accused the police officials devised a plan and made wrong entries in the station diaries and registered forged FIRs. It also proved that the accused had been in illegal custody of the raiding party from 0400/0430 hours to 1645 hours.
It was clear that the accused had died of injuries inflicted upon him and was in illegal custody of the raiding party and that the police party was responsible for the death of the accused and recommended that proceedings under the relevant law be initiated against them.
