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Petitioner: Syed GHULAM ABBAS BOKHARI and others VS Respondent: Raja MUSHTAQ AHMAD and JUDGMENT
Court Name: Lahore High Court Judge(s): Syed Muhammad Kazim Raza Shamsi, Mazhar Iqbal Sidhu Title:Syed GHULAM ABBAS BOKHARI and others vs Raja MUSHTAQ AHMAD and
JUDGMENT
Reported As: 2014 YLR 201 Result: Order accordingly Judgment JUDGMENT ' MAZHAR IQBAL SIDHU, J.---This composite judgment will dispose of above captioned all the criminal appeals emanated from the same impugned judgment dated 23-12-2006 handed down by learned Judge Anti-Terrorism Court-I, Gujranwala in a case registered vide F.I.R. No.237/03 dated 25-7-2003 under sections 1091223/119/365/324/302/148/ 149/322/34, P.P.C. Read with sections 7(a), 7(c)/21(i) of Anti-Terrorism Act, 1997 at Police Station Civil Lines, District Sialkot. ' Syed Ghulam Abbas Bokhari appellant as being aggrieved on his own behalf and three other appellants in Criminal Appeal No.78 of 2007 have assailed the acquittal of respondents/ accused namely Raja Mushtaq Ahmad, Muhammad Hafeez, Sikander Hayyat, Akhtar Iqbal, Ghulam Sarwar, Abdul Aziz (since dead), Riasat Ali, Malik Muhammad Iqbal, Amjad Javaid Saleemi, Raja Munawwar Hussain, Dr. Sajid Hussain, Muhammad Mehmood, Ghulam Sarwar, Amjad Ali, Asghar Ali, Zafrullah, Shehzad Ahmad, Kamran Ali, Qaiser Mehmood son of Muhammad Aslam, Abdul Razzaq, Shabbir Anwar, Qaiser Mehmood son of Sardar Muhammad and Inam Ullah seeking conviction of all mentioned op-cit for offences under sections 302/324/365/ 223/109/ 322/34/148/149, P.P.C. Read with sections 7(a), 7(c)/21 (i) of Anti -Terrorism Act, 1997. ' Whereas Raja Mushtaq Ahmad and Muhammad Hafeez appellants through Criminal Appeal No.1933 of 2006 and Criminal Appeal No.1938 of 2006 respectively have challenged their convictions and sentences and have prayed for their acquittal. They were convicted and sentenced infra:-- (1) RAJA MUSHTAQ AHMAD.
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(i) Five years' R.I under sections 119, P.P.C. Read with section 324, P.P.C. As Tazir with fine of Rs.10,000 and in default whereof to further undergo S.I. For two months. (ii) Six months' R.I. Under section 119, P.P.C. Read with section 342, P.P.C. With fine of Rs.1500 and in default whereof to further undergo S.I. For 15 days only. (iii) Ten years' R.I. Under sections 119, PPC read with section 302, PPC and section 7(a) of the Anti- Terrorism Act, 1997 on three counts. (2) MUHAMMAD HAFEEZ. (i) Five years' R.I. Under section 119, P.P.C. Read with section 324, P.P.C. As Tazir with fine of Rs.10,000 and in default whereof to further undergo S.I. For two months. (ii) Six months' R.I. Under section 119 P.P.C. Read with section 342, P.P.C. With fine of Rs.1500 and in default whereof to further undergo S.I. For 15 days. (iii) Ten years' R.I under section 119 PPC read with section 302, PPC and section 7(a) of Anti- Terrorism Act, 1997 on three counts. ' All the sentences were ordered to run consecutively. However, they were , extended the benefit of section 382-B of Cr.P.C. 2. Muhammad Yousaf Ojla, the then learned Senior Civil Judge, Sialkot P.W.38 had set 'the law in motion through his complaint Exh.PA wherein he has mentioned that on the rueful day i.e. 25-7- 2003 at 10-30 a.m., the then learned District and Sessions Judge, Sialkot visited District Jail, Sialkot in order to hear complaints of accused persons and took along him Saghir Anwar, Saeed Rafique, Muhammad Naeem Sheikh, Shehar Yar Bokhari, Rai Muhammad Naeem, Abdul Rehman, Malik Tariq Mehmood, Asif Mumtaz Cheema, Javaid Iqbal Warraich and Shahid Munir Ranjha, learned Civil Judges-cum-Judicial Magistrates, Sialkot, Pervaiz Iqbal Butt and Sebtain Raza Kazmi, learned Special Judicial Magistrates at District Jail, Sialkot because on the said day on account of demise of Malik Khalid Mehmood, learned members of the Bar were not appearing in Courts to mourn the death of their colleague. Contingent of Judicial Officers was returning after having heard the complaints from the ladies barrack, learned District and Sessions Judge was ahead of other Judicial Officers whereas the remaining Judges were yet inside the ladies barrack, surprisingly five accused persons whose names later-on came as Muhammad Shehbaz Butt, Ejaz Ahmad Butt sons of Sarfraz Ahmad, Ashfaq alias Ishaq, Muhammad Rafique alias Kona and Munir Ahmad alias Muniri who were armed with .30 bore pistols, all of sudden made murderous assault through fire shots on learned District and Sessions Judge who luckily remained unscathed and proceeded towards the office of Superintendent Jail. Complainant Muhammad Yousaf Ojla alongwith Abdul Rehman and Rai Naeem, learned. Civil Judges entered barrack No.8 whereas the remaining learned Judges were made hostages in ladies' barrack by above mentioned five persons from where Muhammad Yousaf Ojla complainant telephonically established contacts with District Police Officer, Sialkot, after a short while, police force headed by Amjad Javed Saleemi, the then DPO, arrived at jail, parleys commenced with the above mentioned accused persons but on failure, the police party commenced action. When firing ceased to an end, complainant, Abdul Rehman and Rai Naeem came out of the Barrack No.8, then learnt that Saghir Anwar, Asif Mumtaz Cheema, Shahid Munir Ranjha, learned Civil Judges embraced martyrdom/succumbed to the injuries whereas Sheharyar Bokhari, Javaid Iqbal Warraich, Sebtain Raza Kazmi, learned Civil Judges were found injured alongwith some other persons. It has also come to'the knowledge of the complainant that captors who sieged the learned Judges five in number namely Ejaz Butt and others were also lost their lives during the incident. It has further been mentioned in F,I.R. That incident took place on account of criminal machination of the Jail Authorities because without their criminal conspiracy the firearms could not have been brought inside the jail. The complainant with the help of police party transported the deceased-persons as. Well as injured. Civil Judges to DHQ Hospital, Sialkot and on his statement Exh.PA formal F.I.R. Was lodged as Exh.PA/1 at Police Station Chill Lines, Sialkot
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by Amjad Ali, S.I. The complaint was forwarded to police station by S.I. Sana Ullah (CW.1) through Moman Raza 1100/C. 3. Sana Ullah S.-I. (CW.1) the first Investigating Officer of this case, inspected the ladies' barrack alongwith P.Ws., Aftab Ahmad, Muhammad Boota, Rasheed Ahmad A.S.I's and seven constables. Rai Naeem Kharl and Muhammad Tariq Civil Judges identified dead bodies of Shahid Munir Ranjha, Asif Mumtaz .Cheema and Sagheer Anwar. Ifran-ul-Haq Inspector and Rana Muhammad Iqbal S.I. Identified dead bodies of the captors. He prepared inquest reports of Sagheer Anwar, Shahid Munir Ranjha, Asif Mumtaz Cheema Exh. CW-1/1 Exh. CW-1 /2 , Exh,. CW-1/3 , applications for their post mortem examination Exh . PMM/1 , Exh. PLL, Exh.PXX respectively. He prepared inquest reports of Shahbaz Ahmad Exh.CW-1/4, of Rafique alias Kona Exh.POO, of Ishaq Exh.PTT, of Muhammad Munir alias Muniri Exh.CW-1/5, of Ijaz Ahmad Exh.CW-1F6. He also prepared injury sheets of Ijaz Exh.PSS and of Ishfaq Exh.PVV, of Muhammad Munir Exh.CW-1/7, of Muhammad Rafique alias Kola Exh.CW-1/8 and of Shahbaz Ahmad Exh.CW-1/9. He drafted applications for post-mortem examination of Munir alias Muniri Exh.PLL, of Ijaz Ahmad Exh.PRR, of Ishfaq alias Ishaq Exh.PUU, of Shahbaz Ahmad Exh.PM, of Rafique alias Kona Exh.CW-1/10. He dispatched the dead bodies of three Judicial Officers and five captors to the mortuary Sialkot through Aftab Ahmad A.S.-I. And other police staff. Then, he inspected the spot, secured blood of all the deceased of this case through cotton swabs, made the same into sealed parcels and took into possession vide memos Exh.PH, Exh.PJ to Exh.PP. He secured .30 bore pistol P-19 with three magazines P63/1-3 and 22 live bullets P-20/ 1-22 lying near dead body of Shahbaz Ahmad captor vide memo Exh.PQ, .30 bore pistol P-21 with three magazines P64/1-3 and 23 live bullets P22/1-23 vide memo Exh.PR lying near dead body of Ijaz Ahmad, .30 bore pistol P-23 with three magazines P65/1-3, live bullets P24/1-25 vide memo Exh.PS lying near dead body of Muhammad Ishfaq alias Ishaq, 30 bore pistol P-25 with three magazines P-66/1-3 and live bullets P-26/1-8 vide memo Exh.PT lying near dead llody of Muhammad Munir alias Muniri, 30 bore pistol P-27, three magazines, live bullets P-28/1-22 lying in bath-room of ladies' barrack vide recovery memo Exh.PU attested by the P.Ws.. Separate sealed parcels of the above recovered firearms and ammunition were prepared by him. He also secured three iron bar fetters P29/1-3 (in broken condition) lying in lady's barrack of the Jail vide memo Exh.PV. He also secured 84 crime empties of .30 bore pistol P-30/1-84, made the same into sealed parcel and took into possession vide memo Exh.P.W. Attested by the P.Ws. He also secured from the spot crime empties of SMG rifle P-31/1-94, of MP-5 P32-1/3, of G-3 P-33/1-9, heads of different calibres of bullets P-34/1-70, 9 empty shells of tear gas. P-35/1-9 vide recovery memo Exh.PX attested by the P.Ws. Separate sealed parcels of three crime empties were prepared. He prepared rough sketch of place of occurrence Exh.CW-1/11. He recorded statements of marginal witnesses of recovery memos and Mehmood Ali Incharge Elite Force. Thereafter, he visited Allama Iqbal Memorial Hospital, Sialkot. Ameer Ali, Arshad and Naseer Ahmad constables joined investigation before him and produced before him external postmortem reports of three Judicial Officers and recorded their statements. Muhammad Sarwar, Assistant Superintendent Jail and Salma Bibi (under-trial prisoner) of the jail, Khalid Arshad Head Warder, Sebtain Razi Kazmi, Special Judicial Magistrate were found admitted in the said hospital and he obtained their MLRs and moved applications Exh.CW-1/12, Exh.CW-1/13, Exh.CW-1/14 before Medical Officer on duty for permission for recording statements, of the latter three persons. The doctor allowed these petitions and he recorded their statements. On the same date, after his return to the police station, he delivered the above secured articles to the Moharrar of the Police Station intact. On 26-7-2003, at 3.30 a.m.(night), Aftab Ahmad A.S.-I. Alongwith Muhammad Waris, laved Iqbal constables appeared before him and produced before him copies of post-mortem reports of the captors of this case, their last worn blood-stained clothes. He secured last worn blood imbrued clothes of Muhammad Rafique alias Kona Shalwar P-1, Shirt P-2, Vest P-3 vide memo Exh. PB, Shalwar P-4, Shirt P-5, Vest P-6, black waist belt of Munir alias Muniri vide memo Exh.PC, black shirt
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P-8, Khaki Patloon P-9 (official uniform), Vest P-10 and one sealed phial P-11 of Ijaz Ahmad vide memo Exh.PD, Shalwar P-12, Shirt P-13, Vest P-14 of Muhammad Ishfaq and one sealed phial said to contain crime bullet P-15 vide memo Exh.PE, Shalwar P-16, Shirt P17, Vest P-18 of Shahbaz Ahmad deceased vide memo Exh.PF. These memos were attested by Muhammad Farooq and Muhammad Waris constables and he recorded their statements. On the same date, Aftab Hussain A.S.-I. Produced before him various articles (personal belongings detailed in memo) which were recovered by him (Aftab Hussain A.S.-I.) during personal search of deceased Judicial Officers and he (1.O.) secured the same vide recovery memo Exh. PG attested by Muhammad Farooq and Muhammad Waris constables and he also recorded their statements. On 26-7-2003, he summoned Mirza Tahir Tasneem draftsman who in his presence and of complainant, took rough notes and on 27-7-2003 produced before him scaled site plan Exh.PBBB and Exh.PBBB/1. He also recorded the statement of draftsman. On the same date, at night time, complainant submitted before I.O., his written supplementary statement and thereupon, offences under section 6/7 of the Anti-Terrorism Act, 1997 were added. On 26/27/28 July, 2003 he contacted Judicial Officer of Sialkot (eye witnesses) for recording their statements who apprised that they would make the statements after their judicial work. On 28-7-2003, he recorded statements of Rai Muhammad Naeem Kharl and Muhammad Tariq Civil Judges. On 30-7-2003, a Joint Investigation Team was constituted to investigate this case. He from time to time complied with the orders of the Investigation Team. On 31-7-2003, he with three members of the Joint Investigation Team and Muhammad Boota A.S.-I. Visited the place of occurrence. The Investigation Team headed by CW-2 Ghulam Muhammad Kalyar, the then DPO Kasur secured various articles P-36 to P-50 from the Hall-room and courtyard. Of lady's barrack vide memo Exh.PY attested by him and Muhammad Boota A.S.-I. On the same date, he received news of death of Shehar. Yar Bokhari Civil Judge in Punjab Institute of Cardiology, Lahore. He paid visit there but dead body was not delivered to him and Mr. Muhammad Azam Saroya, the then Senior Civil Judge, Lahore passed orders, the copy of which is Exh.CW-1/15, restraining to perform post-mortem examination of the deceased at the instance of his legal heirs. He got dispatched the sealed parcels of blood-stained cotton swabs in the office of Chemical Examiner, Lahore and in this respect recorded statements of Muhammad Azam Moharrar and Abdul Hafeez 1320/c. On 7-8-2003, he was summoned by the complainant in his Court who directed him for medical examination of P.W.32 Javed Iqbal Warraich Civil Judge. He drafted an application for issuance of MLC of the injured-cum-injury statement Exh.PDDD and Mr. Muhammad Inayat Gondal 'MIC, Sialkot passed orders for medical examination of injured who was examined by CMO of Allama Iqbal Memorial Hospital, Sialkot on the same date but result of the injuries was not declared. On 8-8-2003, he approached the same CMO and also collected report of Radiologist and thereafter, the CMO declared result of the injuries kept under observation. On 16-8-2003, complainant summoned him (I.O) and on his direction, he collected from P.W.16 Fateh Muhammad, Nazir Civil Court, Sialkot last worn blood-imbrued clothes of Shehar Yar Bokhari Shirt P-59, underwear P-60, Vest P-61, Pent P-62 and secured the same vide memo Exh.PJJ witnessed by. Allah Rakha and Muhammad Latif Naib Nazir (renounced P.Ws.). He recorded statements of these witnesses. On his return to the P.S. He delivered the secured articles to the Moharrar of the P.S. On the same date, members of Joint Investigation Team secured in his presence Shalwar of Salma Bibi (not produced as P.W., under trial prisoner and detained in Jail on the woeful day) vide memo Exh.PZ attested by him (I.0). On 11-9-2003, he submitted incomplete challan before the Court. He got dispatched last worn blood-stained clothes of Shehar Yar Bokhari in the office of Chemical Examiner, Lahore and on 12-9-2003, he examined Fida Hussain Moharrar and Abdul Hafeez/C in this respect. On 19-9-2003, after substitution of offence under sections 318/319/322 P.P.C., he submitted supplementary report under section 173, Cr.P.C. Before the Court. On 4-10-2003, he recorded statement of Muhammad Akbar A.S.-I. Regarding service of non-bailable warrant of arrest and
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proclamation issued under section 87/ 88, Cr.P.C. Against Zulfiqar Ali Virk Inspector Police. On 15-10- 2003, he joined investigation of this case before Investigation Team at Okara and produced before them three pages of log book of wireless record of station P.S. Sialkot dated 25-7-2003, P-51/1-3 which were secured by the Investigation Team vide memo Exh.PAAA. He also produced record/detail of incoming and outgoing calls in respect of Mobile Phone No.6200293 P-52/1-19, of Mobile Phone No.6121200 P-53/1-31, of Mobile Phone No.9694546 P-54/1-7, of Mobile Phone No.9619481 P-55/1-6, of Mobile Phone 8607592 P56/1-20, of Mobile 8604620 P57/1-4, of Mobile Phone 9408856 P-58/ 1-5 pertaining to month of July, 2003 which were secured by the Investigation Team vide recovery memo Exh.PBBB. These memos were attested by Qadir Khan S.I. (Investigation) and Ghulam Sarwar. Constable. On 18-10-2003, he submitted report against Zulfiqar Ali Virk accused under section 512 Cr.P.C. On 30-10-2003, he obtained non-bailable warrants of arrest against Moazzam alias Moji accused from the court and entrusted to Akbar Hayyat A.S.-I. For service. On 31- 10-2003, he recorded statements of Moharrar Sardar Ali and Abdul Hafeez/C. On 4-11-2003, he have had issued proclamation under section 87/88 Cr.P.C. Against Moazzam alias Moji and delivered to Akbar Hayyat A.S.-I. For affixation. On 15-11-2003, he recorded statement of said Process Serving Officer regarding mode of service of the process. On 18-11-2003, he prepared report under section 512 Cr.P.0 against Moazzam alias Moji accused and submitted the same before the Court. On 10-4- 2004, he appeared in the court. Pre-arrest bail of Zulfiqar Virk was declined who on 12-4-2004 joined investigation with him, arrested and availed his physical remand till 19-4-2004 and on 15-4- 2004, produced him in custody before Joint Investigation Team at Kasur. On 18-4-2004, as per direction of Investigation Team, he prepared report under section 173 Cr.P.C. Of Zulfiqar Ali Virk (then P.0) by placing name in Column No.II with blue ink. He drafted applications Exh.CW-1/16 to Exh.CW-1/19 for sanction of prosecution of Jail Staff and Police Officers. 4. Muhammad Yousaf Ojla, the complainant P.W.38 made his written statement Exh.CW-2/1 on 27- 7-2003 supplementing to the F.I.R. As at the time of registration of the case on account of assassination of 3 learned Civil Judges as well as seriously causing injuring to 3 learned Civil Judges (his colleagues), he was in deep niggled, perplexed and on account of unrest, he could not mention some important aspects of the case while recording the F.I.R. And now he has narrated these facts: that after about an hour, he came out of the Barrack No.8, reached in the room of Superintendent Jail where learned District and Sessions Judge was present who directed him that then DIG Gujranwala Police (Malik Muhammad. Iqbal)/respondent was commanding the situation, to intimate him that without prior permission of the learned District and Sessions Judge and the Hon'ble High Court, Lahore police shall not take any action to get the sieged learned Judge released because in all circumstances, the Judges be tried to set at liberty in a safe way.. No action shall be taken without permission of Hon'ble Lahore High Court and if an action at all was necessary, then the only action shall be carried out through the Army Commandos but none else, despite this fact, the DIG Malik Muhammad Iqbal of his own took action and firing was started who, in this way, made recalcitrancy to the orders of the learned District and Sessions Judge as well as Hon'ble Lahore High Court, Lahore. The Elite Force deployed for operation, did not know personally the learned Judges because of the same, the operation cannot be termed as "rescue operation but it was onslaught" in death of 3 learned Judges at the spot and three sustained serious injuries. The entire, incident was on account of the command of DIG Malik Muhammad Iqbal, District Police Officer Amjad Javaid Saleemi and others, therefore, offence under section 6/7 of the Anti-Terrorism Act, 1997 may be added to the F.I.R. 5. On 29-7-2003, I.G. Punjab Police constituted an Investigation Team headed by Tariq Saleem Dogar DIG Sheikhupura Range, CW.2 Ghulam Muhammad Kalyar, the then DPO Kasur, Umar Farooq Bhatti DSP Chuhang and Muhammad Younas Butt DSP Okara as its members. One of the members of the Investigation. Team, Ghulam Muhammad Kalyar DPO has been examined as CW.2. As per his
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version, on 31-7-2003, the Members of the Joint Investigation Team started investigation of this case at Sialkot. On that day, they inspected the spot in District Jail, Sialkot in presence of CW.1 and Muhammad Boota A.S.-I. They secured various articles P-36 to P-50 (fully narrated in his statement and the recovery memo) vide memo Exh.PY attested by CW.1 and Muhammad Boota A.S.-I. They also recorded statements of 21 under-trial lady prisoners included DW.1 Khalida and Nasreen Akhtar Lady Warder of the Jail, who were in the ladies' barrack at the time of occurrence. Joint Investigation Team also recorded statements of P,W.37 Muhammad Safdar Deputy Superintendent Jail, Shaukat Feroze Superintendent Jail, Muhammad Saleem and Muhammad Siddique Warders. The said Investigation Team also recorded statements of Khalid alias Taina (particeps criminis of the captors of this case and in other criminal cases), Mobeen Akbar, Amir Butt prisoners in the Jail on the day of occurrence. On the same day, the said Team arrested Ghulam Sarwar, Raja Muhammad Mushtaq, Assistant Superintendents Jail, Sialkot. On 1-8-2003, said Team visited District Jail, Sialkot and recorded statements of Dr. Zia-ul-Hassan, Medical Officer Jail, Nazia wife of Muhammad Aslam. Thereafter, the said Team visited Court of P.W.30 Ch. Zafar Hussain, learned Sessions Judge, Sialkot and there Ch. Zafar Hussain, Complainant, Pervaiz Iqbal Butt Special Judicial Magistrate, Abdul Rehman Awan, P.W.36 Muhammad Naeem Sheikh, Muhammad Saeed Rafique, P.W.31 Javed Iqbal Warraich (injured), P.W.32 Rai Muhammad Naeem Kharl, Civil Judges and P.W.33 Sebtain Abid Kazmi (injured), Special Judicial Magistrate, Ch. Munawar Hussain, President, District Bar Association were present who submitted their signed written statements and the same were reduced into writing under section 161 Cr.P.C. (by the said Team). On the same date, at Civil Rest House, Sialkot the said Investigation Team received written statements of Malik Muhammad Iqbal DIG, Amjad Javed Saleemi, DPO Sialkot, Raja Munawar Hussain DPO Gujrat and Muhammad Azam DPO Narowal which were incorporated in the body of police case diaries. The said Team also examined Mehmood Ahmad S.I., Qaiser Mehmood 223/C, Asghar Ali, Amjad Ali, Shabbir Anwar, Zafar Ullah, Shehzad Ahmad, Abdul Razzaq, Kamran Ali, Inam Ullah, Ghulam Sarwar, Qaiser Mehmood 1891/C members of Elite Force under section 161 Cr.P.C. On 2-8-2003, the Joint Investigation Team visited chamber of learned Sessions Judge, Sialkot and joined in investigation complainant, Pervaiz Iqbal Butt, Abdul Rehman Awan, Javed Iqbal Warraich, Tariq Mehmood learned Civil Judges-cum-Judicial Magistrates, Ch. Nazir Ahmad, learned AD & S Judge and the said J.I.T. Put them questions, obtained their answers (interview/clarification/interrogation) and in the light of the same, recorded their supplementary statements. P.W.34 Ch. Nazir Ahmad learned Addl. District and Sessions Judge, Sialkot submitted his written statement which was reduced into writing under section 161, Cr.P.C. The said Investigation Team visited office of C.W.4 Zahid Saeed DCO Sialkot and recorded his statement. Then on the same date, the said Investigation Team visited District Jail, Sialkot and recorded statements of P.W.Nisar Ahmad Electrician of the Jail under section 161, Cr.P.C. Statement of Akhtar Iqbal Assistant Superintendent Jail was recorded in body of police case diary. Thereafter, the Investigation Team visited office of Mian Naeem Javed, District Nazim, Sialkot and recorded his statement in police case diaries. In the last, the Investigation Team visited P.S. Civil Lines, Sialkot and recorded statement of Fayyaz Jail Contractor. On 3-8-2003, Muhammad Younas Butt, member of the Investigation arrested Akhtar Iqbal, Assistant Superintendent Jail accused. On 4-8-2003, the Joint Investigation Team conducted investigation of this case in Mayo Hospital, Lahore and recorded statement of Muhammad Riaz Warder of District Jail, Sialkot (injured) under section 161 Cr.P.C. Thereafter, the said Team visited office of P.W.27 Sarfraz Mufti, Acting I.G. Prisons, Lahore interviewed him and his written statement was obtained, thereafter, his written statement and explanatory statement were reduced into writing under section 161 Cr.P.C. Then, the said Investigation Team visited office of P. W.26 Abdul Sattar Aajiz DIG Prisons, Lahore and his written statement was reduced into writing under section 161 Cr.P.C. On the same date, the Team returned to Sialkot, joined in investigation Sikander Hayyat, Superintendent
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Jail and arrested him. On 5-8-2003, the said Team joined in investigation Muhammad Aslam S.-I. And 9 other police personnel. Again the said Team visited District Jail Sialkot and recorded statements of Siddique alias Chuhi prisoner-of the Jail, Tahir Mehmood, Khalid Arshad Warder (injured), Delmar Hussain Warder, District Jail, Sialkot under section 161, Cr.P.C, On 6-8-2003, the said J.I.T visited office of DSP Investigation Sialkot and recorded statement of Mirza Bashir, Zulfiqar Ali Ghumman, Ikraam Ullah, Nazir Ahmad Ghuman and driver of learned Sessions Judge respectively, Maqsood Ahmad Ahlmad of Mr. Pervaiz Iqbal Butt SJM under section 161 Cr.P.C. On 7- 8-2003, the said Investigation Team generally interrogated the public…
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