Dr Kunbhar was tortured to death before being shot in fake encounter: SHRC report

The Sindh Human Rights Commission (SHRC) has observed that Dr Shahnawaz Kunbhar was wrongfully identified as a blasphemy suspect, terming his accusation "an error likely stemming from systemic flaws in the FIR registration process".

Kunbhar, who was accused of sharing blasphemous content on social media, was gunned down by the Mirpurkhas police in a staged encounter on September 19.

"This mistaken identity had devastating consequences, ultimately leading to his death," the commission said in its suo-motu inquiry report, a copy of which is available with The News.

"The situation was further exacerbated by the police's lack of transparency regarding his arrest and the alleged fabricated encounter that followed. This underscores the critical issue of accountability within law enforcement."

The SHRC said police violated constitutional and procedural guarantees afforded to the suspect right from his arrest in Karachi as no entry regarding his arrest was made at the relevant police station in the provincial capital.

The commission added that given the sensitivity of the case, police should have obtained Kunbhar’s transit remand as per the Section 168 of the Criminal Procedure Code from the judicial magistrate concerned in Karachi for shifting his custody to Umerkot.

"Even after taking his custody to Umerkot, under what provisions of law his custody was allegedly given to Mirpurkhas police," questioned the SHRC. It said that during its inquiry, the Umerkot SSP as well as the Mirpurkhas SSP and DIG denied having the suspect's custody.

"From the circumstances and statements gathered by the Commission from the family and information retrieved from other sources and as also authenticated by the IGP enquiry report, accused was killed in a premeditated plan," reads the report.

Upon reviewing the FIR lodged against Kunbhar, the commission said it was revealed that the case involved allegations of cybercrime, specifically related to the posting of blasphemous content on a social media platform and that such offences fell under the jurisdiction of the Federal Investigation Agency (FIA) as the Section 43 of the Prevention of Electronic Crimes Act (Peca) 2016 mandated the federal agency to provide technical assistance in investigating cybercrime.

"It is important to highlight that, after the lodging of the FIR, the police did not consult the FIA to verify the authenticity, origin, or obtain other forensic evidence related to the blasphemous content in question," the report reads.

"Without conducting a thorough digital forensic analysis, which is a critical part of establishing the credibility and traceability of the cybercrime, the alleged accused was prematurely presumed guilty. This bypass of due process not only raises concerns about the proper application of PECA but also underscores the importance of adhering to lawful investigative procedures, particularly in sensitive cases involving cyber offences."

The SHRC pointed out that the individual named in the FIR was Shahnawaz Shah, while the person killed in the encounter was identified as Dr Shahnawaz Kumbhar, adding that despite this clear discrepancy, Umerkot SSP Asif Raza Baloch addressed an angry mob on September, 17 after the registration of an FIR and publicly declared the suspect to be guilty of the offence.

"The public statement made by SSP Umerkot raises significant concerns regarding violations of Article 4 (right to be dealt with in accordance with the law) and Article 10A (right to a fair trial) of the Constitution of Pakistan," the commission opined.

"Declaring Dr Kunbhar guilty without due process, referring to him as "Maloon", and addressing an already agitated mob further incited violence and unrest. This premature judgment effectively deprived Dr. Kunbhar of a fair trial and played a pivotal role in escalating the situation."

The SHRC said its inquiry was based on the SHRC’s interaction with the legal heirs of the victim, and some relevant sources that highlighted that the desecration of Kunbhar’s body was not an isolated event but part of a coordinated effort.

"Some independent sources expressed their belief that Dr. Kunbhar had been tortured to death before being staged in a fake encounter. To hide the evidence of torture, his body was set ablaze by the mob in the absence of police. The police, notably, arrived only after the body had been completely burned and was reduced to Charcoal," it maintained.

However, the report added that the post-mortem did not support these claims as the only visible wound was from two bullets that penetrated the upper right ventricle of the heart, leading to death from organ failure. The commission advised that given the concerns raised by the legal heirs and civil society about the true cause of the victim's death, the bereaved family may file an application before the relevant magistrate for exhumation.

It recommended that the Section 311 of the Pakistan Penal Code (tazir after waiver or compounding of rights qisas in qatl-e-amd) and Section 120-A and 120-B (criminal conspiracy) be added to the FIR to strengthen the case and ensure justice.

The SHRC highlighted that the case points to the urgent need for stronger vigilance on digital media platforms, criminalisation of hate speech, provocation, and digital violence on a priority basis, and development of comprehensive counter-narratives to violent extremism.

The commission also identified the absence of district peace and inter-faith harmony committees' role in this incident. "In situations like this, where communal tension runs high, such committees in districts like Umerkot have a pivotal role in diffusing volatile situations and preventing escalation. Their inactivity or lack of engagement during this crisis signals a missed opportunity for proactive conflict resolution and peacebuilding," it said.

The SHRC called for the government to develop a unified standard operating procedure (SOP) in consultation with religious scholars to prevent injustice. "Given the severity of the issue, both the state and religious leaders must adopt a more cautious and responsible approach when dealing with cases under Section 295-C of PPC. Religious leaders, in particular, have a moral obligation to uphold the principles of justice and fairness outlined in the Qur’an," reads the report.

The commission also demanded that a joint investigation team (JIT) comprising senior police officials and key ex-officio members from relevant departments and agencies be constituted to conduct a thorough investigation into the blasphemy case and any associated FIRs, ensuring that all aspects of the case are meticulously examined and criminal responsibility was attributed to the deviant officers including failure of due diligence of command by senior officials.

The SHRC further called for invoking the provisions of the Sindh Witness Protection Act 2013 to provide protection to witnesses.

The commission urged the police to exercise heightened caution in the blasphemy cases to prevent mob violence and demanded that district peace committees be activated in every district to promote dialogue between law enforcement agencies, religious leaders and civil society to mitigate tensions and prevent violence.