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After ordering Sindh police to arrest Rao Anwar, alleged murderer of Naqeebullah Mehsud, the Supreme Court (SC) constituted an investigation team on Wednesday to probe the suspended SSP Malir. Rao is considered to be the main accused in the murder of Naqeebullah Mehsud who was killed in an alleged fake encounter. Naqeebullah Mehsud had been residing in Karachi since 2008. He was allegedly apprehended by police in Karachi on January 02, 2018 and was murdered on January 17, 2018.

The court refused the request of Rao Anwar's counsel for protective bail and directed the police to take him into custody from outside the courtroom. The bench also dismissed the plea of Rao's counsel to include officials of agencies - ISI, IB and MI - in the investigation team. The Chief Justice said this is a criminal matter so there is no need to include them in the team.

The committee formed will be headed by Aftab Ahmed Khan Pathan, Additional Inspector General (AIG), Sindh, and comprise of Wali Ullah Dal, AIG Special Branch, Azad Ahmed Khan, DIG South Karachi, Zulfiqar Larik, DIG East Karachi, and Dr Rizwan, SSP Central. The committee will investigate into the charges framed against Rao in the FIRs registered by the relatives of Mehsud.

A three-member bench, headed by Chief Justice Mian Saqib Nisar, first heard the case at 09:40am but adjourned it till court break time ie 11:30am. After the break, Islamabad police brought Rao Anwar in the courtroom at 12:04pm. He was attired in black shalwar kamiz (traditional outfit) and was looking a bit down.

Rao Anwar was brought in the Supreme Court in armed personnel carrier from the gate, used by lawyers and journalists, and was taken out of the apex court premises from the gate which is only used by judges.

The court ordered that Sindh police will not need any order for transit of Rao Anwar from Islamabad to Karachi. The court dropped contempt of court proceeding as Rao Anwar surrendered himself before the court. The court ordered for unfreezing Rao's bank accounts and lifting ban of his CNIC. The court on February 16, 2018 had ordered the State Bank of Pakistan and NADRA to freeze all bank accounts of Rao Anwar and suspend his computerized national identity card (CNIC) respectively.

The court in its order said it shall be the duty of IGP Sindh AD Khawaja or anyone else in his place to protect the life of Rao Anwar during the period he will be in the custody of Sindh police. Mehsud family was ordered not to cause harm directly or indirectly to Rao Anwar. Muhammad Khan father of Naqeebullah Mehsud and Maulana Ahsam-ud-Din, who were present in the court, gave undertaking in that regard. "We are sanguine that investigation will be conducted by not influencing from the Supreme Court proceedings and media coverage," said the apex court order. The police were asked to see whether or not the case is made out.

The bench refused to remove Rao's name from Exit Control List (ECL) and said it will remain on ECL. At the conclusion of the proceeding the Chief Justice said, "We are not on populist campaign but want people of Pakistan get justice."

Faisal Siddiqui, counsel of Mehsud tribe, thanked the Chief Justice and the bench and said, "We are grateful to you," adding no one should challenge the authority of the court.

Naqeebullah's father was very happy. Outside the courtroom talking to media he wept in happiness and thanked the apex court for making efforts to recover Rao Anwar. At the onset of the court, Shamim-ur-Rehman Advocate, appearing on behalf of Rao Anwar, said that his client has surrendered. Upon that the Chief Justice said that he has not shown any kindness to the court. "The way he wrote letters to me was not in good taste," the CJP added. The Chief Justice asked Rao Anwar, "You have been absconding from court. You said you are brave man then why have you not surrendered earlier?" Rao's counsel said there was threat to his life. The lawyer said his client has right of court protection. The Chief Justice said, "A fugitive has no right of court protection."

Copyright Business Recorder, 2018


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