Petitioners allege that the crime scene not secured in time, suicide narrative adopted and promoted prematurely
Mir Raza Ali, owner of the popular dessert shop Wafflix, whose body was found in Gulistan-e-Jauhar after he was allegedly kidnapped from PECHS. SCREENGRAB/ Youtube
KARACHI:
A constitutional bench of the Sindh High Court (SHC) issued a written order on Tuesday in a petition seeking the formation of a joint investigation team (JIT) to probe the disappearance and death of Mir Raza Ali.
Ali, owner of dessert brand Wafflix, went missing on July 28 and his body was found in Gulistan-e-Jauhar the following day. Police initially described the death as suicide, but a subsequent post-mortem examination indicated that he had been murdered.
The development came a day after the Sindh Home Department notified the formation of a judicial commission to probe the death of the 25-year-old. Justice Umar Sial was appointed its head following his nomination by the chief justice of the SHC.
In its order, the constitutional bench raised several questions, including whether it could directly order the formation of a JIT and whether it had the authority to interfere in, alter or supervise an investigation and the submission of its report.
Read: Judicial commission formed to probe Mir Raza Ali’s death
The bench also questioned whether intervention was permissible under the Sindh Tribunals of Inquiry Ordinance, 1969, without a gazette notification.
The petitioners alleged that investigators had failed to properly secure the crime scene and raised serious concerns over the conduct of the previous investigation team. They subsequently sought the formation of a JIT comprising officers with no previous connection to the case for an independent and comprehensive probe.
The court issued notices to all parties for the next hearing and directed them to assist the bench. The next hearing has been fixed for August 31.
According to the petition, a case concerning Ali’s disappearance and death was registered at Ferozabad Police Station. The petitioners alleged that the investigation was compromised because the crime scene was not secured in time and witnesses’ statements were not recorded promptly.
Read More: Police piece together final hours, death of Mir Raza Ali
They also alleged that electronic devices were not properly examined and that a suicide narrative was adopted and promoted prematurely.
The petitioners claimed that significant changes were made to the medico-legal record and that the police surgeon had pointed out shortcomings in the initial post-mortem examination and recommended exhumation.
Petitioners’ counsel, lawyer Jibran Nasir, submitted that a special medical board examined the body following exhumation and that its findings contradicted the initial suicide narrative.
According to the petition, the final post-mortem and chemical examination reports ruled out the possibility of suicide.
Serious allegations were also levelled against members of the previous investigation team, but no action has so far been taken against them, the petitioners claimed. They also alleged mishandling or destruction of evidence and said their statements were recorded after considerable delay.
The petitioners further claimed that the current investigation team had failed to identify any suspect and had sought additional time on August 24 to submit the challan.
They urged the court to order the formation of a JIT comprising officers who had no previous connection with the case to ensure an independent and comprehensive investigation.
Earlier, the Sindh government had requested the chief justice of the SHC to constitute a judicial commission to investigate the murder, saying that the provincial government had taken the concerns raised by Ali’s family “extremely seriously” and that a letter sent by the family to the chief minister had been received.
The commission had been constituted at the request of the provincial government, even as Ali’s family had challenged the move before the SHC and sought a JIT to probe his murder.
According to the notification, issued under the Sindh Tribunals of Inquiry Ordinance, 1969, the commission had been assigned four key terms of reference. It would determine the circumstances and motives surrounding Ali’s death, assess whether the investigation had been impartial and examine whether any police officer or other official was negligent or involved in concealing evidence.
The commission would also recommend further investigation, forensic analysis and legal action, where necessary.
