Having learnt about the lukewarm response of the police against the accused of the drag race that killed five and injured two persons, the Supreme Court on Monday directed Punjab police chief to arrest all the four, who managed the event and report to the court on Tuesday.
The court was informed that an FIR had been registered against four persons that include Wajid Naeem (Driver of the car that hit spectators), Sheikh Atif, Ali Riaz and Waleed. The court, however, rejected the FIR saying it did not include relevant provisions of law that ought to be included in the FIR.
The court also grilled the RPO Rawalpindi for entrusting the investigation of such high profile case to a junior officer, who later on informed the court that he was merely matriculate. Advocate General Punjab Khawaja Haris suggested the court that section 302 (murder) should have to be in the FIR, but the police had included provisions of lesser punishment.
A three-member bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Ghulam Rabbani and Justice Khalilur Rehman Ramday noted that 'prima facie it indicates that without the blessing of police officers it was not possible for the organisers to hold the event.' The court expressed displeasure over the state of the investigation with the observation that as far as the probe is concerned, its perusal indicates that there is no progress up till now, and police has no knowledge of the cars (participants of the race).
Imdad Ullah Bosal, DCO Rawalpindi informed the bench that he had 'refused' to allow the organisers including PTCL to hold the race when Atif Sheikh applied for an NOC. Similarly, DIG special branch had also denied permission for the race. However, it was CPO Rawalpindi Fakhar Sultan, who issued security plan of the event and the race took place.
The Bahria Town management had issued a provisional approval for holding the race. The DCO further stated that Safdar Salim Ullah, a representative of Bahria Town had told his staff that the venue of race had been changed from Bahria Town Rawalpindi to Islamabad. However, the race was held at the same place Bahria Town Phase VIII.
When questioned by the court, the CPO conceded that he had not visited the place of accident and was unaware about other details of the case. 'You issued the security plan without knowing whether the organisers had attained the NOC from the administration,' observed the Chief Justice. Justice Ramday observed that 'you (CPO Rawalpindi) is an abettor of these five murders.'
The court also grilled the RPO for not taking any action while saying that he should have not allowed it to happen sans permission. "Have you arrested Chief Executive of Bahria Town?" was the question of the CJ for which no one among the administration had any answer. The court was told that Atif Sheikh, an organiser had got a bail before arrest.
Tariq Saleem Dogar, IG Punjab Police stated that the rally had no legal permission and it should have been stopped by the administration. Earlier, on Friday, the court had taken suo motu notice of the death of five people during a car race in Rawalpindi last Sunday.
"Stately, loss has been caused to the lives of five persons, including a teenager who along with his family members was present at the site and apparently so far no legal action has been initiated against the responsible persons. Thus above note be treated as Petition under Article 184 (3) of the Constitution of Islamic Republic of Pakistan," said the order issued by the Chief Justice.
Earlier, on December 5, five spectators of a drag race that took place in Phase VIII of Bahria Town were killed when one of the cars skidded off the road and ran them over. Driver of the car, Muhammad Majid Khan, reportedly a senior manager of national telecom giant had managed to escape from the scene. Four people Daniyal Khan, Babar Khan, Sohail Khan and Colonel Mohsin Khan (Retired) died on the spot, while Asfand Yar was pronounced dead upon reaching the hospital. A woman Jamana Khan and a minor child Hamza Iqbal suffered injuries and were shifted to the nearby Safari hospital.
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