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No proof that MQM man was tortured to death, court told

By Tahir Siddiqui 2014-03-13
KARACHI: The police on Wednesday informed the Sindh High Court that there was no evidence to establish that a worker of the Muttahida Qaumi Movement was tortured to death as alleged by the party.

A two-judge bench headed by Chief Justice Maqbool Bagar was seized with the petition of MQM lawmaker Syed Asif Hasnain, who asked the court to order the registration of a murder case against the city police chief, the SSP-east, and Inspector Faheem Farooqui, for the extrajudicial killing of the party worker, Suleman, aka Salman.

The law officer of the police department placed on record the report of an inquiry team comprising the DIGs of south and east zones and the SSP of Investigation of east.

It quoted the post-mortem examination report and said that no mark of injury was seen in any region/organ of the victim.

The report said that the chemical examination also did not detect any abnormality and the death did not appear to be the result of torture.

It further claimed that no evidence was found to establish that the deceased was picked up by law-enforcement agencies personnel.

The hearing was put off to March 21.

It was submitted in the petition that the MQM worker with his nephew Mohammed Nauman was going to his office on Feb 3 when law-enforcers illegally arrested him.

The petitioner submitted that the victim`s family approached the police station concerned to inquire about the whereabouts of the detainee, but the police officials feigned ignorance about the incident.

Later on Feb 6, he said, the victim`s wife learnt through the media about the discovery of her husband`s body at a desolate place near the Malir River.

The petitioner stated that the victim was the sole breadwinner of his family, but he was killed in an extrajudicial execution by the police.

He also stated in the petition that the victim`s family was being harassed by police officials threatening them of dire consequences, if they went for any legal remedy against them.

The MQM lawmaker asked the court to order the registration of a murder case against the additionalinspector general of police Shahid Hayat, the SSP-East and inspector Faheem Farooqui.

Notices issued on Arbabs` vote recount plea The Sindh High Court on Wednesday put the Election Commission of Pakistan, the Election Tribunal at Hyderabad and others on notice in a constitutional petition of arunner-up candidate belonging to the Arbab family of Tharparkar filed against the dismissal of his application seeking recounting of votes in the PS-62, a provincial assembly seat won by PPP candidate belonging to the Makhdoom family of Hala.

A division bench headed by Chief Justice Maqbool Bagar directed the respondents to file their respective comments and adjourned the hearing to March 25.

The petition was filed by Arbab Anwar Jabbar, who impleaded the parliamentary affairs secretary, the ECP, the Election Tribunal of Hyderabad, MPA Makhdoom Khalil-uz-Zaman and others as respondents.

The petitioner, represented by Advocates Rasheed A. Razvi and Haider Imam Rizvi, stated that there were 120 polling stations in the constituency having 120,224 total votes with 64,729 male and 55,495 female votes.

He said the polling time was fixed from 8am to 5pm by the Election Commission, but the same was extended unlawfully and without the consent of contesting candidates by one hour by the ECP to give edge to rival candidates to further manipulate the elections and as such fraud was committed in the entire constituency.

Mr Jabbar said that facts of corrupt practices, hooliganism, irregularities and illegalities committed during and after the polling hours were finally realised by the returning officer, who stated in his letter that corrupt practices, illegalities and irregularities were committed in approximately 43 polling stations of NA-230 and 15 polling stations of PS-62.

He said that later the ECP ordered for holding of re-polling in 15 polling stations of PS-62 and he participated in the repolling held on June 1, 2013.

After the polling, the petitioner said, the ECP issued notification of Makhdoom Khalil as returned candidate on June 6, 2013.

The petitioner stated that due to illegalities and irregularities in the election process he filed election petition before the tribunal along with an application seeking recounting of votes in the constituency.

However, the election tribunal on Dec 19, 2013 dismissed his application for recounting of votes of 41 polling stations without giving due consideration to the submission of his counsel, he added.

The petitioner said he later filed a review application before the tribunal against its order and it was still pending disposal before the tribunal.

He asked the court to set aside the tribunal order and pass an orderfor recount of votes of the constituency.

He also sought a prohibitory writ against the tribunal from holding further proceedings in his election appeal.