Deceased driver’s family has pardoned traffic police officer in manslaughter case, court told

A Karachi court was informed on Friday that the family of a Suzuki pick-up driver who died after being hit by a traffic police officer's car has pardoned the suspect in the name of Almighty Allah after an out-of-court settlement.

Shahid Aziz Hingoro was arrested and booked on charges of Qatl-e-Khata by rash or negligent driving and manslaughter after his speeding car rammed into a Suzuki pick-up in the Clifton area on the night of December 31, resulting in the death of 55-year-old driver Ayub Sethar.

Investigation Officer Nadeem Babar produced the suspect before Judicial Magistrate (South) Muzamil Ali Soomro on expiry of his physical remand. The defence counsel informed the magistrate that the parties had entered into a compromise and requested him to remove the Section 322 (punishment for qatl-i-bis sabab), which was a non-bailable offence.

The magistrate, however, declined the request and sent the suspect to jail on judicial remand with a direction to the IO to submit an interim charge sheet within the stipulated time. The IO said he was yet to receive a report of an alcohol test of the suspect, adding that if the report turned out to be positive, a separate case would be registered against him on behalf of the state.

Soon after the magistrate remanded the suspect in judicial custody, the suspect through his lawyer moved an application before the additional sessions judge (South) seeking post-arrest bail on the basis of the compromise. However, the court issued notices to the prosecution and complainant on the bail plea and adjourned the case.

Advocate Kamran Ali, the complainant's lawyer, told The News that the deceased’s legal heirs included his widow and three sons. He explained that while the complainant had submitted an affidavit regarding the compromise, it would hold no legal value unless all the legal heirs also swore similar affidavits. This, he noted, seemed unlikely as the widow was observing iddat, and one of the deceased man’s children was mentally incapacitated.

A medical board would need to be constituted to certify his inability to provide consent, which meant the suspect was unlikely to be released from jail anytime soon, he added. The complainant, Arbab Ali, stated in the affidavit that he had pardoned the suspect "in the name of Almighty Allah".

"Now I have no objection if this Honourable Court grants him bail," he stated. An FIR was lodged at the Clifton police station under the sections 320 (punishment for Qatl-e-Khata by rash or negligent driving) and 427 (mischief causing damage to the amount of fifty rupees) of the Pakistan Penal Code (PPC). The IO later added Section 322 (manslaughter) of the PPC.