KARACHI - The Sindh High Court (SHC) on Monday sought comments from home secretary, suspended SSP Malir Rao Anwar and others on a plea regarding transfer of Naqeebullah Mehsud murder case, until August 20. SHC Chief Justice Ahmed Ali M Sheikh headed the bench and issued notices to the respondents after hearing initial arguments submitted by the plaintiff’s counsel, Faisal Siddiqui Advocate, and directed them to submit their comments in written in the next hearing. 

In his arguments, the counsel submitted that ATC had granted bail to the main accused, Rao Anwar in both the cases, despite the cases were under trial. The lawyer pleaded the court to shift the cases to another ATC as his client was not satisfied with court proceedings of ATC-II wherein both the cases against Rao Anwar were under trail.

The main suspect, suspended SSP Malir, Rao Anwar got bail in two cases, including fake encounter case in which Naqeebullah and three others were killed, and in possession of explosives and illegal weapons.

In his petition, the father of Naqeebullah Mehsud expressed lack of confidence on the trail court by submitting an application seeking transfer the cases to another court.

The criminal transfer applications under the Section 526 of the Criminal Procedure Code (CrPC) were filed by the complainant at the Sindh High Court, for transfer of the proceedings in both cases pertaining to killing of his son and foisting of explosives and arms upon the victim from the ATC-II to any other competent court of law.

Earlier, during the ATC proceedings on Rao Anwar’s applications, the plaintiff and his counsels had expressed their dissatisfaction on the court trail and they had boycotted the proceedings. The plaintiff’s counsel had also requested the ATC with holding judgments on Rao bail plea but it was rejected.  The suspended SSP Malir Rao Anwar, then DSP Qamar Ahmed Shaikh along with their 10 absconding subordinates have been booked in the second case, which includes charges of terrorism, possession of unlicensed weapon and explosives, was registered after Naqeebullah Mahsud and three others in a staged shoot-out on Jan 13 in Shah Latif Town. The petitioner’s lawyer had also wrote to the Prosecutor General Sindh to replace the prosecutor of the case and also sent a written request to the DIG investigation to appoint a new Investigation Officer, but so far no action has been taken in this regard. The complainant has expressed his dissatisfaction on the prosecution and pleaded to assign new IO and prosecutor to proceed the case impartially.