Bail granted to rape accused suspended
KARACHI: Justice Amir Hani Muslim of the Sindh High Court on Friday suspended bail granted earlier to a man accused of subjecting a minor girl to rape.
Nusrat Bibi, the victim’s mother, filed an application in the court for the cancellation of the bail granted to the accused, Afzal.
According to the prosecution, the minor girl, Tooba, was subjected to a criminal assault on January 10, 2009 in Mujahid Colony, Karachi. A case was registered under Sections 376 and 511 PPC at the Baloch Colony police station against the accused who was later arrested.
The case was pending trial in at a sessions court and the accused in the meantime moved the high court, which granted him bail on July 20, 2009.
The applicant’s counsel, Faisal Qureshi, submitted to the high court that there was evidence available on record to prove Afzal’s role in the commissioning of the crime. The accused, he stated, did not deserve to be granted a bail. He prayed for the cancellation of the bail.
Justice Amir Hani Muslim said in his ruling that it appeared the respondent who was in custody and produced in court had not engaged any counsel. In case he could not engage a counsel, the office should issue the production orders of the accused for September 7. “Till such date the matter is heard and decided, either way order granting bail by this court is suspended.”
Hearing a custodial death case, the judge ordered the investigation officer to appear in court on September 10 with the relevant record.
Three SHOs and their subordinate officials are accused of torturing a contractor, Mohammad Hayat Kolachi, to death after his arrest in Mirpurkhas. His brother, Mohammad Ayub, lodged an FIR stating that he saw Hayat Kolachi being tortured in police custody, and cited SHO Farid Jatt, SHO Amin Marri, CIA officer Abid Qaimkhani and other policemen as respondents. Ayub also moved the high court stating that the chief justice of Pakistan had taken suo motu notice of the killing and the FIR was registered against the respondent police officials.
Advocate Mehmood Alam Rizvi filed a bail application on behalf of the other accused. Inspectors Mohammad Abid and Abid Qaimkhani, SI Mohammad Amin, ASIs Moor Khan and Naseem Pervez, head-constables Zulfiqar and Liaquat, and constable Liaquat. The counsel submitted to the court that Hayat Kolachi, a private contractor hired by the local government, was arrested after an encounter near the Civil Hospital Mirpurkhas while he was spotted lifting a motorcycle on May 11, 2009. The lawyer claimed that the contractor died the same night from a neurological shock as was determined in a report prepared by a medical board.
Justice Amir Hani Muslim observed that “policemen have not been given a licence to kill people,” and asked why the officials nominated in the FIR were not suspended. He directed the investigation officer of the case to appear personally with the relevant record on September 10.