LAHORE - The Punjab Prosecution Department on Tuesday moved a petition to the Lahore High Court seeking directives for a judicial magistrate to record statement of a member of a JIT on an alleged fake encounter in Kasur.

Mudassir Munir was killed in the controversial encounter on Feb 24. Kasur’s Saddar Police had killed Mudassir and a member of the JIT looking into the encounter had declared the encounter fake. The deceased’s mother, Jamila, had moved a petition for registration of FIR against the IG and other police officials for murder of his son.

The prosecution department moved the petition through Additional Prosecutor General Abdul Samad, saying that Mudassir was killed in a fake encounter and ipse dixit of Riaz Abbas, Station House Officer of Kasur’s Sadar Police Station, was false. It said Mudassir was killed in a fake police encounter by respondents, including SHOs Muhammad Younas and Riaz Abbas.

Both respondents were arrested by the JIT on Feb 5, it further said. It stated that DSP Hamid Hussain Bajwa, a member of the investigation team which was constituted to probe the rape and murder of seven-year-old Zainab Amin and other minor girls in Kasur, filed an application before Kasur Judicial Magistrate Muhammad Shahid to record his statement, but he dismissed the plea. According to the prosecution, the aggrieved officer approached sessions judge of Kasur, but he dismissed his plea to record his statement.

The department said that recorded statement was required by the law but it was not recorded. Copies were not supplied to the accused as required under Section 265 of CrPC and charges against the accused under Section 265 (d) CrPC were not framed. Rather they were consigned the record under Section 512 of CrPC after recording statements of three witnesses for preservation of available evidence only.

It said that both courts dismissed plea of the investigation officer which was illegal and had no legal effect, and raised question about provision of justice. The department prayed the court to declare decision of both judges as illegal and order the judicial magistrate to record statement of the JIT member in Mudassir’s murder case.

Mudassir was killed the day when body of Ali Park resident Zainab Amin was found in an under-construction house. According to Kasur’s Sadar Police, Mudassir had confessed to rape and killing of the minor girl after he was arrested in injured condition. However, JIT member DSP Hamid Hussain Bajwa held a fresh investigation and found that Mudassir was killed in a fake encounter for his alleged involvement in rape and killing of minor Eman Fatima.