SP Nayyar, three other policemen acquitted in custodial death case

Former Clifton SP Nayyar ul Haque and three other police officers were acquitted in a case pertaining to the custodial death of a suspect after a sessions court on Friday accepted the out-of-court settlement between the accused and the victim’s legal heirs.

On April 15, Moiz Naseem, who was said to have been arrested in an extortion case, was found dead in the Darakhshan police station’s lock-up and an autopsy revealed that he was tortured to death.

SP Nayyar, then Darakhshan SHO Ali Raza Leghari, head moharir Faisal Leghari, and Sub-Inspector Sanaullah Soomro were booked on charges of murder and wrongful confinement. The SP, who evaded arrest for months, lately turned up in court after obtaining protective bail from the Sindh High Court. However, his subordinates were initially arrested by the police and later released on bail.

Additional Sessions Judge (South) Abdul Hafeez Lashari, who heard the case in the judicial complex inside the central prison, announced his order on an application filed by the legal heirs of the victim and the accused persons under the sections 345(2) and 345(6) of the Criminal Procedure Code.

After completing legal formalities and hearing both sides, the judge accepted the compromise and acquitted all the accused, who appeared in the court on bail. In their statement before the court, the legal heirs - the deceased's sons Zuhair Moiz and Junaid Moiz - said that they were the only heirs of the deceased as their mother had already parted ways with their father by way of Khula in 2020 and their grandparents had passed away.

They said they had forgiven the accused persons in the name of Almighty Allah and settled the matter outside the court without any pressure or influence. They added that they would have no objection if the court acquitted them.

"The parties have amicably patched up the matter in accordance with law and the legal heirs of the deceased have forgiven the applicants/accused persons mentioned above in the name of Almighty Allah, who is very kind and merciful and is the greatest forgiver," read the compromise application.

"The legal heirs of the deceased have patched up the matter with the accused persons from their own free will, consent, and without pressure, force, compulsion, coercion, and enticement."

The defence counsel argued that the offences the accused had been charged with were compoundable, pleading with the judge to accept the compromise and acquit them. An FIR was registered at the Sahil police station under sections 302 (murder), 342 (wrongful confinement) and 34 (common intention) of the Pakistan Penal Code on behalf of the state.

Meanwhile, the judge sought a report from the immigration and passports director general on an application filed by SP Nayyar seeking removal of his name from the Exit Control List (ECL).