Convicted for murder, judge not proceeded against beyond suspension since 2018

Suspended sessions judge Sikandar Lashari, who faces the death penalty for the murder of 18-year-old son of another sessions judge, continues to enjoy his official position without any proper departmental action taken against him beyond suspension.

His death sentence was upheld by a Sindh High Court two-member bench. He is lodged in a Hyderabad jail.

Despite being convicted in August 2018 by an anti-terrorism court, Karachi, being the principal accused, he has not faced any departmental proceedings and consequences within the judiciary yet. His aide and co-accused, Barkat Lashari, was recently arrested by the FIA on being deported from Abu Dhabi.

As per copies of the official record available with The News, suspended and jailed Judge Lashari has been receiving salary and perks, including judicial and ad-hoc relief allowances, for a job he has not been doing since his arrest in March 2014.

In December 2023, he drew Rs541,000 in salary. Lashari’s family still possesses an official car, GSA 687. Furthermore, the official website of the Sindh High Court ranks the suspended judge as number three on the seniority list of sessions judges in the province.

Aqib Shahani, a law student and the son of District and Sessions Judge Khalid Hussain Shahani, was gunned down on February 19, 2014, in Hyderabad in the presence of his mother, sisters, and cousin. Suspended judge Lashari was charged with instigating the murder involving his honour.

Though Lashari’s death penalty was upheld by the SHC, no departmental action has been taken against him except his suspension from service. Lashari, who entered judicial service in 1996, will retire on March 6, 2025.

The Sindh Services Rules 1973 (Efficiency And Discipline ) rule 5 sub rule (1) suggests: “In case where a Government servant is accused of subversion, corruption or misconduct, the Authorized Officer may require him to proceed on leave or, with the approval of the authority, suspend him, provided that any continuation of such leave or suspension shall require approval of the authority after every three months.” Sub-rule 3 of same rule 5, says: “When sufficient evidence is available against accused government employee there is no need to hold a departmental inquiry regularly and he through summary proceedings either can be removed or dismissed.” Also Section 8 (a) of the same Rule says that when the accused has been convicted by a court and sentenced to imprisonment or fine on a charge involving moral turpitude in which case the competent authority shall on receipt of intimation of the conviction, make an order dismissing or removing the accused from service or reducing him in rank as it deems fit.”

Senior legal expert and former judge Advocate Asad Rashidi told The News that once a civil servant is convicted by a competent court of law on charges involving moral turpitude, he should either be removed or dismissed from service through departmental proceedings.

Advocate Rashidi added that in the case of Sikander Lashari, sufficient evidence was available from day one which was well in the knowledge of the Sindh High Court as investigations were made after permission of the high court, which was kept regularly informed. This evidence was seen by the high court, and that was sufficient to dismiss him but a formal inquiry against him under Rule 8 of Civil Servant Efficiency and Discipline Rules 1973 was not held.

Former judge Rashidi concluded that keeping his name on the seniority list, granting full salary, and use of the official car by his family rendered the conviction ineffective practically.

Senior lawyers Advocate Asad Ali Shar, Waqas Ahmad and Advocate Latif Ibrahim endorsed the legal opinion of Asad Rashdi and termed the facilities being given to the convicted judge unlawful.

This reporter approached the registrar of the Sindh High Court, Sohail Laghari, called on his office phone number and cell phone number and then sent him a detailed text message at his WhatsApp number about the issue, and sent him three reminders. Later, this reporter met the registrar on December 22, 2023 in his office and submitted his queries. A questionnaire was also sent to him 13 days ago through courier but he did not respond.

When Sindh law department secretary Ali Ahmad Baloch was contacted, he did not comment on the issue.