Naqeebullah, a 27-year-old native of Waziristan, was picked up by police on Jan 3 and then killed along with three others in a fake encounter on Jan 13 in Karachi. Photo: Facebook 

 

ISLAMABAD: Chief Justice of Pakistan Justice Mian Saqib Nisar observed on Friday that it seems suspended Malir SSP Rao Anwar has lost a big opportunity by deciding not to appear in court today.

He made the remarks while heading a two-member bench that is hearing the suo motu case over Naqeebullah Mehsud?s extrajudicial killing in Karachi last month, wherein Anwar is the primary accused. 

As the hearing went under way, Sindh IG AD Khawaja appeared in court and informed the bench that Anwar has not appeared today. The chief justice then observed that they will wait for a while before starting the proceedings. 

On February 13, Chief Justice Nisar had ordered the formation of a new joint investigation team (JIT) in the Naqeebullah killing case after Anwar had demanded one in a letter to the court. Moreover, the court, after granting protective bail to Anwar, had ordered him to appear today.

As the court awaits Anwar?s appearance, the chief justice observed that they tried to give the suspended police officer a clean way out and granted him protective bail.

He then remarked that the court would provide police all resources to arrest Anwar.

Addressing the Sindh police chief, the chief justice also remarked, ?What has the Sindh Police done for his arrest? Your responsibility is still there?.

Naqeebullah's family, including his father, are also present in court. Talking to the media earlier, Naqeebullah?s father said, "my son was innocent," adding that they expect the Supreme Court to do justice.

The chief justice then remarked that they can wait for a while and then start the proceedings.

At the last hearing, the apex court had also ordered the Islamabad Police not to arrest Anwar and provide him security till the JIT completes its probe. The protective bail granted to Anwar expires today.

In a tweet on Thursday, noted lawyer and human rights activist Jibran Nasir said Mehsud's family has engaged senior Supreme Court lawyer Faisal Siddiqui to appear in today's hearing. 

Moreover, Nasir said the family has rejected all claims of compromise.

Mehsud, a 27-year-old native of Waziristan, was among three others who were accused of being terrorists and killed by then-Malir SSP in Karachi on January 13 in what was later determined to be a fake encounter. Anwar and most members of his encounter team have since gone into hiding.

Anwar's letter to the Supreme Court

The orders of the new JIT and protective bail followed the presentation in court of a letter written by Anwar to the apex court's Human Rights Cell.

As the hearing commenced, Sindh Inspector General of Police AD Khawaja appeared before the bench. After being given two deadlines to nab Anwar, the Sindh police chief accepted his failure and informed the court that they need more time.

The chief justice then showed Khawaja a letter, reportedly written by Anwar to the apex court, wherein the police officer claimed his innocence and said he was not even present at the site of the 'encounter'. Anwar said further in the letter that Naqeebullah too was an innocent.

The chief justice also showed the Sindh IG Anwar's signature on the letter, which Khawaja said seemed authentic.

Chief Justice Nisar remarked that Anwar has claimed further that he has always abided by the law and will present himself before an 'independent' JIT and accept its decision, whatever it may be.

The chief justice then ordered the formation of a new JIT to probe the case.

SC grants Rao Anwar protective bail, orders to appear in court on Friday

CJP directs Islamabad Police not to arrest suspended Malir SSP and provide him security; forms new JIT to probe issue as per Anwar's request

Chief Justice Nisar directed that a brigadier-rank official of the Inter Services Intelligence (ISI) and an official of the Intelligence Bureau will be part of the team, that will be headed by an 'honest' officer of the court's choosing.

Following claims of innocence from Naqeebullah?s family, an inquiry committee was formed which cleared the deceased 27-year-old of any wrongdoing.

An FIR was registered against Anwar and others in his raiding party. Since then, Anwar has been in hiding and the Sindh Police, despite the Supreme Court-directed assistance of intelligence agencies, has been unable to trace the police officer.