ISLAMABAD: Accepting a request of the Ministry of Defence, the Supreme Court on Monday allowed the Inter-Services Intelligence (ISI) and the Military Intelligence (MI) seven more days to submit their reports on the steps taken for tracing out former Malir SSP Rao Anwar, who is primary accused in the Naqeebullah Mehsud extrajudicial killing case.
A three-member Supreme Court bench comprising Chief Justice Mian Saqib Nisar, Justice Umar Ata Bandial and Justice Ijazul Ahsan issued the orders while hearing a suo motu case regarding the murder of 27-year-old Naqeebullah Mehsud allegedly by Malir SSP Rao Anwar and his team in a fake encounter on January 17 in Karachi.
The court also directed the Intelligence Bureau (IB) and the Federal Investigation Agency (FIA) to submit their fresh reports on the matter within a week. It directed the Frontier Corps (FC) to submit report on tracing out of Rao Anwar, observing that if no report is furnished, the relevant official of the FC will be held responsible.
The IB presented its report before the court whereas State Bank of Pakistan informed the court that all bank accounts of Rao Anwar had been frozen.
At the onset of hearing, the chief justice asked why ISI and MI did not submit their reports over the whereabouts of Rao Anwar despite various court orders. Later, a senior joint secretary of the Defence Ministry requested the court to allow a week more time to both the agencies for submitting comprehensive reports, which the court allowed.
The court was apprised that FIA will submit its report over Rao Anwar on Tuesday (today). The chief justice asked the Inspector General of Police Sindh AD Khawaja whether there was any progress in the matter of Rao Anwar’s whereabouts. AD Khawaja replied in negative. However, he infirmed the court that a deputy superintendent of police allegedly involved in Naqeebullah’s murder had been arrested.
“We had provided you assistance of all the security agencies then why are you still unable to trace out Rao Anwar,” the chief justice inquired from AD Khawaja.
Khawaja replied that all the security agencies had been requested to help in tracing out the accused police officer.
He said there was no progress about the WhatsApp calls of Rao Anwar. He said the IB had given its report, however there was nothing new in it. He said the reports of ISI and MI over the matter were still awaited.
Additional Attorney General Waqar Rana apprised the court that IB in its report has stated that its deputy director in Sindh was in contact with the investigation team formed by Sindh police to probe Naqeebullah murder case. He stated that IB had carried out a forensic examination of the phone calls made by Rao Anwar. The chief justice, however, dismissed the report saying that it did not mention anything substantial.
To a court query, Additional Advocate General Sindh stated that Rao Anwar did not possess dual nationality, however he kept an iqama. During the proceedings, the chief justice remarked, “We too are saddened and disturbed over Naqeebullah’s killing. However, there will be no politics on the matter.” He said the court did not wish to take charge of the hunt for Rao Anwar. Faisal Siddiqui, counsel for Naqeebullah’s family, requested the court to direct police to submit CCTV video of the night of January 22 when Rao Anwar made an attempt to leave the country from the Islamabad airport.
The court then directed that the footage should be obtained and persons identified after which the court will summon them. The chief justice expressed complete confidence on AD Khawaja and observed that the court wanted Anwar’s production to be ensured. During the hearing, the chief justice asked that why FIA, ISI and MI did not submit their reports over the efforts they had made for tracing Rao Anwar. He said the court could only issue orders, however it was the responsibility of the agencies to implement it.
Naqeebullah Mehsud, a 27-year-old native of South Waziristan, residing in Sohrab Goth area of Karachi, was among three others who were accused of being terrorists and killed by then SSP Malir, in what was later determined to be a fake encounter. Rao Anwar and his encounter team have since gone into hiding, however some have been arrested by the police. The demand for the arrest of Naqeebullah’s assassinators eventually transformed into a movement for rights of citizens of the Federally Administered Tribal Areas (FATA), with a protest camp in Islamabad ending with assurances from Prime Minister Shahid Khaqan Abbasi to take up the demands at the relevant forums.
Published in Daily Times, March 6th 2018.