Court declines to intervene in ongoing criminal investigation, directs police to complete probe impartially and promptly.
KARACHI, PAKISTAN — WEB DESK: The Sindh High Court has rejected a petition filed by the family of Karachi businessman Mir Raza Ali seeking the formation of a joint investigation team (JIT) to investigate his murder.
A two-member bench comprising Justice Adnanul Karim Memon and Justice Muhammad Jaffer Raza heard the petition filed by Mir Raza’s parents and sister. Justice Muhammad Jaffer Raza authored the seven-page written order.
The court declined to directly order the formation of a JIT or interfere with the ongoing criminal investigation, while directing the investigating officer to continue the probe in accordance with the law.
Court directs impartial and transparent investigation
In its order, the Sindh High Court instructed the investigating officer to complete the investigation in an impartial, transparent, effective and expeditious manner.
The court observed that directly intervening in an ongoing criminal investigation or taking control of the investigative process would not be appropriate within its jurisdiction.
The court also noted that assistance from other law-enforcement or investigative agencies could be sought if required under the law.
Family had sought JIT
Mir Raza’s family had approached the high court after expressing a lack of confidence in the existing police investigation.
Through their lawyer, Jibran Nasir, the petitioners argued that there were several shortcomings and contradictions in the ongoing investigation. They asked the court to exercise its constitutional jurisdiction and order the formation of a JIT.
The government opposed the request.
The Advocate General and Prosecutor General of Sindh argued that the high court should not interfere with an ongoing criminal investigation, form a JIT or supervise the investigation through its constitutional writ jurisdiction.
Government lawyers also maintained that the investigation was still under way and that the final report under Section 173 of the Code of Criminal Procedure had not yet been submitted. They argued that concerns over the investigation were therefore premature and based on allegations.
Judicial commission already conducting proceedings
The court also took note of a one-member commission formed under the Sindh Tribunals of Inquiry Ordinance, 1969.
According to the order, the commission had already begun proceedings. The court observed that the petitioners’ counsel had not raised a serious objection to the commission’s formation and had instead expressed confidence in it.
The court therefore found that the arguments presented in support of forming a separate JIT were not sufficient to justify judicial intervention in the ongoing investigation.
Mir Raza case remains under investigation
Mir Raza Ali, a 25-year-old Karachi businessman and owner of dessert brand Wafflix, was reported missing on July 28. His body was found in bushes in Gulistan-i-Jauhar the following day with a gunshot wound.
Police had initially described the death as suicide, but a subsequent post-mortem examination indicated that he had been murdered. His family subsequently raised concerns about the handling of the investigation and sought an independent investigative mechanism.
The Sindh government later moved to establish a judicial commission to review the circumstances surrounding his death. The family challenged that approach and sought a JIT instead.
The Sindh High Court has now declined to order the requested JIT, leaving the ongoing criminal investigation in place while directing the investigating officer to proceed according to law.
The court also expressed sympathy with Mir Raza’s family, acknowledging their grief and loss. However, it said that sympathetic considerations could not override established legal requirements.
The investigating officer has been directed to continue the investigation in accordance with the law.
The case remains under investigation, and allegations concerning the circumstances of Mir Raza’s death have yet to be conclusively established through the legal process.
