Complainant moves ATC for withdrawal of case as DSP Bajari given clean chit in probe

A citizen who filed a kidnapping for ransom and robbery complaint against former South SSP Imran Qureshi, DSP Umair Tariq Bajari and others has moved an application in an anti-terrorism court, seeking withdrawal of the case.

Muhammad Mansoor Shaikh, a retired army officer, had filed a direct complaint with the ATC against SSP Qureshi, DSP Umair Tariq, Boat Basin SHO Riaz Niazi, then Defence SHO Shoukat, ASI Ali Hassan of the Gulshan-e-Iqbal police station, Shireen Jinnah Chowki in-charge Muslim Shah, constables Khurram and Rabnawaz, as well as over a dozen unknown persons/officials, for their alleged involvement in kidnapping him, his son-in-law and a servant and looting cash, mobile phones and other valuables from his house in October last year.

On May 4, the ATC-XV judge took cognisance of the alleged offences punishable under sections 365-A (kidnapping or abducting for extorting property, valuable security, etc.), 395 (dacoity), and 34 (common intention) of Pakistan Penal Code (PPC) and Section 7 (punishment for acts of terrorism) of the Anti-Terrorism Act and issued bailable warrants of the accused.

The complainant through his lawyer Khalid Hussain Khoso filed an application requesting the judge to allow him to withdraw the complaint.

He stated that he filed the direct complaint on the basis of initial information available to him and at the same time he had also submitted an application to Sindh’s inspector general of police (IGP) requesting a probe into the incident and necessary departmental action against the proposed accused persons.

Subsequently, he said the DIGP South conducted an inquiry and submitted his report dated December 4, 2023, to the IGP, concluding that DSP Umair Tariq Bajari was not involved in his illegal detention and release. However, he added, the then ASP Zafar Siddique was shown involved in the said inquiry report.

The complainant reproduced the operative paragraph of the inquiry report, which reads: “Complainant Mohammad Mansoor Sheikh, his son-in-law Anas Dilshad and servant Hassan Noor were arrested on suspicion of being involved in illegal activities after raids dated: 25.10.2023 on their residence by official staff (gunmen/guards) of SSP South, Mr. Imran Qureshi in company of 3-4 private persons/ informers. The 05 vehicles used in the raid had hidden number plates. Later on, the vehicles were identified as a black Toyota Revo SPF-837 (official vehicle of SSP South), police van SPG-145 (official escort of SSP South), one police mobile each of PS Clifton and Boat Basin and one private vehicle belonging to informer/private persons.

“The arrested persons were brought to PS Boat Basin and thereafter kept at Police Post Shirin Jinnah for 03 days where they were interrogated by ASP Clifton Zafar Siddique and SHO Boat Basin Riaz Niazi. When nothing adverse came up against them in interrogation, their custody was handed over to CTD officials who released them after finding them innocent.”

The report said: “No evidence had surfaced pointing out presence or involvement of DSP (UT) Umair Tariq Bajari in the raids. CDR analysis of his mobile number for night of raid supports the fact.”

The complainant said that at the time of filing of the complaint or during its pendency, he was unaware of the fate of the inquiry, but after the issuance of bailable warrants against the proposed accused by the court, he received the copy of the report.

He requested the judge to allow him to withdraw the complaint so he may amend the set of the accused by nominating actual police officials who were involved in the crime.

“That even otherwise the complainant has no other motive to withdraw or and filing a-fresh but sole and absolute reason is that the complainant is willing to portray a clear picture of the incident with the role of accused persons,” Sheikh cleared.

When the case came up for hearing on July 9, accused Umair Tariq, Rabnawaz, Shoukat, Ali Hassan, and Muslim Shah appeared on bail, while accused Imran Qureshi, Khurram and Riaz Niazi were called absent.

The judge adjourned the hearing until July 25 when he is expected to take up the application.

On May 29, a sessions court had acquitted for lack of evidence former SSP Qureshi, DSP Bajari and others in a case pertaining to a robbery that was committed in the guise of a police raid at the house of a trader in Orangi Town.

The accused moved applications under the Section 265-K of the Code of Criminal Procedure seeking their acquittal in the case for “want of evidence”.

The court had allowed their pleas after the complainant, trader Shakir Khan, and other witnesses submitted their affidavits to the court stating that the accused were not the ones who were involved in the incident.