Karachi (HRNW): The Sindh High Court heard a petition filed by the family of Mir Raza seeking the formation of a Joint Investigation Team (JIT) to investigate his death. The family appeared before the court along with their lawyer, Jibran Nasir.
During the hearing, Jibran Nasir said the court had raised three questions at the previous hearing and the family had filed a miscellaneous application in response. He maintained that the family had requested the formation of a JIT rather than a judicial commission.
The Advocate General of Sindh informed the court that a judicial commission had already been constituted and had commenced proceedings. He said a JIT was an administrative forum, while the Sindh government had established the judicial commission on the basis of the family’s concerns and position.
Jibran Nasir argued that the judicial commission was not conducting an investigation but would conduct an inquiry under its Terms of Reference (ToRs). He said the family had also submitted proposed ToRs in a letter addressed to the Chief Minister of Sindh.
The court asked whether the judicial inquiry would affect the police investigation and observed that an inquiry could not serve as a substitute for an investigation. The court further noted that an inquiry could be conducted in the absence of an FIR.
The Advocate General said the judicial commission could seek assistance from the police investigation. He added that if evidence emerged, terrorism charges and other relevant provisions could also be incorporated into the case.
According to the Advocate General, the matter was considered by the provincial cabinet following a letter from the victim’s family, and the cabinet approved the formation of the judicial commission. He said the commission had been established to address the concerns raised by the family.
The court also questioned the alleged tampering or destruction of evidence by police, as claimed by the family. The Advocate General responded that all such matters would be placed before the judicial commission.
During the proceedings, the court observed that the post-mortem had established only that the incident was not a suicide. The court then asked: If it was not suicide, then what was it?
The Prosecutor General of Sindh said that the government and administration had already been described as having compromised the matter even before the report was formally filed.
Investigation Officer Siraj Lashari told the court that the investigation team had started the investigation from scratch. He said the final post-mortem and forensic reports were still awaited.
Siraj Lashari said the investigation team was not answerable to Jibran Nasir but to its official duty. He added that most of the evidence obtained so far was digital in nature.
The investigation officer further informed the court that one shell casing had been recovered, but the weapon had not yet been found.
The court again referred to the post-mortem findings, observing that suicide had been ruled out, and asked the investigation officer what, in his view, had actually happened.
Investigation Officer Siraj Lashari told the court unequivocally: “We are clear that it was a murder.”
Human Rights & Right to Justice Perspective
The concerns raised by the Mir Raza family regarding the preservation of evidence, transparency of the investigation and identification of those responsible are directly linked to the right to justice and rule of law. An effective investigation should ensure that all evidence is preserved and examined impartially, alleged investigative lapses are independently reviewed, and those responsible are identified and proceeded against according to law.
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Disclaimer
This report is based on statements made by lawyers, government representatives and the investigation officer, as well as observations made by the Sindh High Court during the proceedings. The investigation and determination of responsibility remain subject to the legal process and final findings of the competent authorities and courts. All individuals involved are entitled to due process and a fair legal proceeding.
