Karachi (HRNW):The Sindh High Court has issued a written order regarding the case of the alleged fake police encounter and killing of Dr. Shah Nawaz Kanbhar in Mirpurkhas, rejecting a petition filed by police officials seeking the dismissal of the case registered by the Federal Investigation Agency (FIA).
The court dismissed the request to quash the FIR, observing that although the FIA did not have the authority to register a fresh FIR under the Custodial Torture and Custodial Death law in such circumstances, the accused could not be given benefit merely due to a legal or procedural error.
In its written order, the court stated that the proceedings of the case would continue in accordance with the law and that a mistake in the legal procedure or interpretation by an investigating agency could not become a basis for providing relief to the accused.
The court clarified that the Sindh High Court had only directed the transfer of the investigation and had not ordered the registration of a new FIR by the FIA.
According to the court order, the original police FIR in the matter had already been cancelled, while the challan in the FIA case had also been submitted before the court.
The court observed that the present issue was related to a procedural legal error, which could be corrected, and the accused could not benefit from such an error.
The Sindh High Court further directed that the FIA case should be treated as a police case and that legal proceedings should continue accordingly.
The petition was filed by police officials Inayat Ali and Danish, who had challenged the registration of the FIA case.
Legal experts note that the ruling highlights the principle that criminal proceedings should not be discontinued merely due to technical or procedural shortcomings, while every accused person remains entitled to due process, a fair trial, and the opportunity to defend themselves under the law.
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Disclaimer
This report is based on the written order of the Sindh High Court and court proceedings. The matter remains subject to further legal proceedings, and all parties have the right to present their defense before the competent court. HRNW follows the principles of impartial, balanced, and responsible journalism.
