Sons pardon ex-Clifton SP, other cops in father’s custodial death case

The legal heirs of a man who was found dead in the lock-up of the Darakhshan police station have pardoned former Clifton SP Nayyar Ul Haque and his three subordinates, who were allegedly involved in his custodial death, in "the name of Almighty Allah".

On April 15, Moiz Naseem, who was said to have been arrested in an extortion case, was found dead in the Darakhshan police station’s lock-up and an autopsy revealed that he was tortured to death.

Subsequently, SP Nayyar, then Darakhshan SHO Ali Raza Leghari, head moharir Faisal Leghari, and Sub-Inspector Sanaullah Soomro were booked on charges of murder and wrongful confinement. The senior police officer lately turned up in court on bail after evading arrest for months, while the other three accused had already been arrested by the police.

As the case came up for hearing before Additional Sessions Judge (South) Abdul Hafeez Lashari in the judicial complex inside the central prison, the legal heirs of the victim and the accused persons through their lawyers filed an application under sections 345(2) and 345(6) of the Criminal Procedure Code, requesting the court to accept their out-of-court settlement.

The legal heirs, who included the deceased's sons Zuhair Moiz and Junaid Moiz, also filed their affidavits along with the application. Junaid appeared in the court and recorded his statement, while his elder brother Zuhair, who resides in the UK, recorded his statement via video link.

Both the brothers stated that they were the only heirs of the deceased as their mother had already parted ways with their father by way of Khula in 2020 and their grandparents had passed away.

They said they had forgiven the accused persons in the name of Almighty Allah and settled the matter outside the court without any pressure or influence. They added that they would have no objection if the court granted bail to the accused or acquitted them.

"The parties have amicably patched up the matter in accordance with law and the legal heirs of the deceased have forgiven the applicants/accused persons mentioned above in the name of Almighty Allah, who is very kind and merciful and is the greatest forgiver," reads the compromise application signed by them.

"The legal heirs of the deceased have patched up the matter with the accused persons from their own free will, consent, and without pressure, force, compulsion, coercion, and enticement."

The applicants argued that the offences the accused had been charged with were compoundable, pleading with the judge to accept the compromise and acquit them.

The judge summoned reports from Nadra and the police station concerned about the heirs of the deceased and adjourned the hearing until November 28.

An FIR was registered at the Sahil police station under sections 302 (murder), 342 (wrongful confinement) and 34 (common intention) of the Pakistan Penal Code on behalf of the state.