Umm-e-Rubab Case

Criminal Appeal No. 382 of 2018 and Criminal Petition for Leave to Appeal No. 738 of 2018 [Sardar Chandio versus The State & Anothers]

This case is being pursued by Umm-e-Rubab, daughter of Mukhtiar Ahmed Khan and Pervaiz Ahmed, son of Karamullah Khan. On 18.01.2018, the Complainant, Pervaiz Ahmed, registered FIR No. 20/2018 at Police Station Meher, District Dadu. The Complainant stated that the Sardar Khan Chandio use to convey threats through different people to his brother, Mukhtiar Ahmed Khan, for forming a coalition and leading a resistance against Sardar Khan. On 17.01.2018, the complainant, his father Karam Ullah Khan, brothers Mukhtiar Ahmed Khan and Qabil Hussain, and cousins Aijaz Ahmed and Mazoor Ahmed were standing outside their home when around 9am one white Corolla Car No. BFZ-428 and another white Land Cruiser came and stopped outside their house. There were six people inside both cars and five people armed with weapons got out of the cars. The person named Burhan Chandio stayed in the car and ordered the five armed assailants named Ali Gohar, Ghulam Murtaza, Sikandar Chandio, Zulfiqar Ali and Ghulam Qadir, to teach Mukhtiar Ahmed Khan a lesson, since despite several warnings he continued to lead the resistance against his Brother Sardar Khan and make him an example for others people by killing him. Upon his directions the armed assailant first shot Karam Ullah Khan, Mukhtiar Ahmed Khan and Qabil Hussain and then fired indiscriminately, while raising the slogan that whoever revolted against Sardar Khan will meet the same fate. The complainant took injured Karam Ullah Khan, Mukhtiar Ahmed Khan and Qabil Hussain to the hospital, where all three of them succumbed to death.

On 24.01.2018, accused Sardar Khan Chandio and Burhan Chandio surrendered before Honourable High Court and sought protective bail for six days to appear before Honourable Anti-Terrorism Court. The accused Ghulam Qadir died during the incident. The police arrested the accused Ali Gohar and Sikandar Chandio while the accused Ghulam Murtaza and Zulfiqar Ali absconded.

On 29.01.2018, interim pre-arrest bail was granted to the accused Sardar Khan Chandio and Burhan Chandio. On 24.02.2018, the charge sheet was submitted before Anti-Terrorism Court and the accused Sardar Khan Chandio and Burhan Chandio were let off by the Investigating Officer by placing their name in column no. II of the Charge Sheet.On the same date the Anti-Terrorism Court also accepted the recommendation of Investigating Officer to let off the name of accused Burhan Chandio and Sardar Khan Chandio and confirmed the interim pre-arrest Bail of the accused Burhan Chandio and Sardar Khan Chandio.

It is also important to mention that the complainant filed the Transfer Application before the Honourable High Court for transfer of this case from the Court of Special Judge Anti-Terrorism Court Naushehro Feroze to Special Judge Hyderabad, as the complainant lost confidence in the court.On 02.02.2018, the complainant filed the statement in the Anti-Terrorism Court, intimating the court that the Transfer Application has been filed and pending adjudication, therefore, this court should refrain from proceeding with the case until the Transfer Application is decided. However, despite the protests of the complainant, the Anti-Terrorism Court proceeded with the case and accepted the recommendation of Investigating Officer to let off the name of accused Burhan Chandio and Sardar Khan Chandio and confirmed the interim pre-arrest Bail of the accused Burhan Chandio and Sardar Khan Chandio.

Consequently, the complainant filed Criminal Miscellaneous Application No. D-179 of 2018 before the Honourable High Court challenging the Anti-Terrorism Court Orders dated: 24.02.2018, whereby the recommendation of Investigation Officer to let off the name of accused Burhan Chandio and Sardar Khan Chandio was accepted and filed Criminal Miscellaneous Application No. D-187 of 2018 before the Honourable High Court challenging the Anti-Terrorism Court Orders dated: 24.02.2018, whereby interim pre-asset bail of Burhan Chandio and Sardar Khan Chandio was confirmed.

On 29.06.2018, the Honourable High Court set aside the order accepting recommendation of Investigating Officer to let off the name of accused Burhan Chandio and Sardar Khan Chandio. On the same date the Honourable High Court set aside the order confirming pre-arrest Bail of Burhan Chandio, however, the impugned order confirming pre-arrest Bail of Sardar Khan Chandio was maintained, as his case required further inquiry.

On 29.06.2018, the Honourable High Court, in Transfer Application No. 54 of 2018 also stayed the proceeding before the Anti-Terrorism Court.

The accused Burhan Chandio filed Criminal Petition for Leave to Appeal No. 695 of 2018, before the Honourable Supreme Court of Pakistan, challenging the Order dated: 29.06.2018, of the Honourable High Court, whereby the Order of Anti-Terrorism Court, confirming pre-arrest Bail of Burhan Chandio, was set aside. On 04.07.2018, the leave was granted in the above CPLA by the Honourable Supreme Court and CPLA was converted into Criminal Appeal No. 382 of 2018, whereby the impugned Order of the High Court was suspended till the next date of hearing. The accused Sardar Chandio and Burhan Chandio also filed Criminal Petition for Leave to Appeal No. 738 of 2018 before the Honourable Supreme Court of Pakistan, challenging the Order dated: 29.06.2018, of the Honourable High Court, whereby the Order of Anti-Terrorism Court, accepting the recommendation of Investigation Officer to let off the name of accused Burhan Chandio and Sardar Khan Chandio, was set aside.

On 13.09.2018, The Honourable Supreme Court decided the Criminal Appeal No. 382 of 2018 and Criminal Petition fro Leave to Appeal No. 738 of 2018. The Honourable Court directed that the impugned Orders of the learned High Court dated: 29.06.2018, passed in Crl. Misc. Application No. D-187/2018 and Order dated: 29.06.2018, passed in Crl. Misc. Application No. D-179/2018 are set aside. Both the Orders dated 24.02.2018, passed by the learned Anti-Terrorism Court, Naushehro Feroze (one relating to report under Section 173 Cr.P.C. and the other relating to release of Burhan Chandio) are also set aside. The Honourable Supreme Court also ordered that the matter shall be deemed to be pending before learned Judge, ATC Sukkur, to whom the case has been transferred, who shall consider all matters pending before it as raised by the learned counsel for the parties and the State and decide the same without being influenced by any earlier observation made by the learned Judge, ATC or by the learned High Court by way of the impugned Orders.

The Criminal Appeal No. 382 of 2018 and Criminal petition for Leave to Appeal No. 738 of 2018, are disposed off.

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