Intezar Ahmed Case: A Case of Police Violence
Intezar Ahmed Case – A Case of Police Violence
On 13.01.2018, at 11:55 pm, the statement of the Complainant Ishtiaq Ahmed was recorded at Police Station Darakhshan, which was later incorporated in the FIR No. 16/2018, filed at 12:30 am on 14.01.2018. The complainant stated that his son Intezar Ahmed, aged about 19 years, studying in Malaysia, returned to Pakistan on 29.11.2018. On 13.01.2018, at about 5:30 pm, deceased, Intezar Ahmed, son of the complainant, went to see his friends in Defence in a car, make Toyota Grandy, bearing No. BLE-254. At around 8 pm the complainant was informed by a neighbor named Fahad, that Intezar Ahmed has been shot and shifted to Jinnah Hospital Karachi. On receiving such information the Complainant along with his other relatives reached Jinnah Hospital, where doctors informed him that his son, Intezar Ahmed has died due to the bullet injury on head. On further inquiry the Complainant came to know that at 7:15 pm, at Lane-5, Cattle Line Bukhari Commercial, Phase VI, DHA, Karachi, some unknown assailants fired upon his son for unknown motives, due to which his son died.
Upon receiving the information of the incident the Police party rushed to the place of incident and recovered 18 empties (bullet casings) of 9mm and one slug. Before the registration of the case, SHO of Anti Car Lifting Cell (ACLC) Inspector Tariq Mehmood, came to Police Station Darakshan and informed that the incident took place during the vehicle checking and the firing was conducted by ACLC officials. He nominated HC Shahid, PC Ghulam Abbas, PC Fawwad Khan, PC Bilal, and PC Muhammad Daniyal. However, the police failed to register the case on complaint of SHO ACLC and preferred to the file the case on the complaint of Ishtiaq Ahmed against unknown accused.
However, later on the Police arrested Inspector Tariq Mahmood, Inspector Azhar Hussain, HC Shahid Hussain, HC Ghulam Abbas, PC Fawwad Khan, PC Ghulam Abbas, PC Bilal Rasheed and PC Muhammad Daniyal. Whereas, Inspector Tariq Raheem joined investigation after obtaining Pre-Arrest Bail. During the investigation eight 9mm pistols were recovered from the accused persons and were sent to the Forensic Lab along with the 18 empties (bullet casings) of 9mm pistol recovered from the place of incident. The Forensic examination/analysis revealed that 6 crime empties were fired from Pistol recovered from accused Muhammad Daniyal and 12 crime empties were fired from Pistol recovered from Bilal Rasheed.
On 15.12.2018, the video footage of the incident was obtained and the DVR was also seized. The CCTV footage clearly showed the whole incident. On 12.02.2018, the Home Department Government of Sindh constituted the JIT headed by Add IGP CTD, and representatives of Police, ISI, IB, Rangers, Special Branch and MI, to submit an Investigation Report.
The JIT members viewed CCTV footage of the incident in detail. It showed that Intezar’s car was intercepted/blocked from the front by unmarked vehicle of ACLC. Another car followed him from the rear and stopped adjacent to his car. Two ACLC officials in plainclothes riding a bike approached him from behind/passenger’s side and an ACLC official on another motorcycle approach him from the driver side. However, they did not open the door or search the vehicle. The footage showed that the ACLC officers in 2 cars and two motorcycles started retreating. In the meanwhile, Intezar started to reverse the car and tried to maneuver towards Khayaban-e-Ittihad, it was then that the ACLC party rushed towards the car. The footage showed that ACLC officials Bilal and Daniyal started firing on the car in an attempt to stop it. All ACLC officials were in plainclothes, and all their vehicles were unmarked. The footage also showed that all ACLC officials fled the crime scene immediately after firing.
On 08.03.2018, the final challan was submitted in Anti-Terrorism Court against nine accused persons, namely, Tariq Mehmood, Tariq Raheem, Azhar Ahsan, Shahid Usman, PC Ghulam Abbas, Fawad Khan, HC Ghulam Abbas, Bilal Rasheed & Muhammad Daniyal. On 26.04.2018, the Anti-Terrorism Court dismissed the application filed on behalf of the accused Tariq Raheem for transfer of the case to the Ordinary Court having jurisdiction.
On 25.10.2021, the Learned Anti-Terrorism Court convicted eight out of nine accused persons for causing death of deceased Intezar Ahmed. PC Bilal and PC Daniyal, who fired on Intezar’s car were sentenced to death and fine of Rs. 250,000 each, whereas, Tariq Mehmood, Tariq Raheem, Azhar Ahsan, Shahid Usman, PC Ghulam Abbas and Fawad Khan were sentenced to life imprisonment and fine of Rs. 300,000. However, HC Ghulam Abbas was acquitted of all charges as he was not even present at the place of incident.
Criminal Appeal No. 169 of 2021 [‘Bilal Rasheed & Another versus The State’]
All accused persons filed appeal against the Judgment dated: 25.10.2021, passed by the Learned Anti-Terrorism Court No. VII, before the Honourable High Court of Sindh. The Honourable High Court of Sindh, through the Judgment dated: 14.10.2022, acquitted Tariq Mehmood, Tariq Raheem, Azhar Ahsan, Shahid Usman, Fawad Khan and Ghulam Abbas on the basis of benefit of doubt and for the reason that mere presence of the aforementioned accused persons does not prove common intention. Moreover, accused Bilal and Daniyal sentences were reduced from death sentence to life imprisonment under Section 302(b), Pakistan Penal Code, 1860, with compensation payable of Rs. 100,000/- each to the legal heirs of the deceased by accused Bilal and Daniyal, on basis of following three mitigating circumstances: Firstly, the Prosecution has neither asserted nor proved a motive. Secondly, it is unclear from the evidence whether it was accused Bilal or Daniyal who fired the fatal shot. Lastly, the firing was not extensive in that the car only received three fire shots and the deceased was only hit by one fire shot. Moreover, the Honourable High Court of Sindh, held in the Judgment that the subject case does not fall within the purview of the ATA and all the accused persons, including, Bilal and Daniyal were acquitted of all the offences under the ATA, 1997. Furthermore, the conviction of accused Bilal and Daniyal under Section 25, Sindh Arms Act, 2013, was maintained.
Criminal Petition for Leave to Appeal No. 1493 of 2022 [‘Ishtiaq Ahmed versus The State & Others’]
The Complainant/Father of the deceased, Intezar Ahmed, filed Criminal Petition for Leave to Appeal No. 1493 of 2022, before the Honourable Supreme Court of Pakistan to the limited extent of challenging the Honourable Sindh High Court Judgment on the following grounds: Firstly, the conversion of sentence of accused Bilal and Daniyal from death sentence to life imprisonment. Secondly, declaring that the present case does not fall within the purview of Anti-Terrorism Act, 1997, acquitting Bilal and Daniyal of all the offences under ATA, 1997, and allowing remissions to the aforementioned accused persons. Thirdly, the negative and defamatory findings passed against the character of the Deceased.
Furthermore, both the accused Bilal and Daniyal filed appeals before the Honourable Supreme Court to challenge the Judgment dated: 14.10.2022, passed by the Sindh High Court, whereby their sentences were converted from death to life imprisonment and their conviction under Section 25, Sindh Arms Act, 2013, was maintained.
The aforesaid Appeals are pending before the Honourable Supreme Court of Pakistan.
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