SHC rejects plea seeking JIT to probe Mir Raza's murder

Karachi (Web Desk): The Sindh High Court (SHC) on Wednesday turned down a petition filed by the family of Mir Raza Ali, who had sought the establishment of a joint investigation team (JIT) to investigate his death.

The two-member bench, comprising Justice Adnanul Karim and Justice Muhammad Jaffer Raza, delivered its ruling after reserving the decision on Monday.

Mir Raza Ali, a businessman and graduate of the Institute of Business Administration (IBA), was found dead in Karachi’s Gulistan-e-Jauhar on July 29, one day after he was reported missing on July 28.

His father has repeatedly alleged that Ali was murdered and has rejected the theory that he died by suicide.

In its seven-page order, the SHC acknowledged the family’s deep anguish over the loss but stressed that emotional considerations could not take precedence over the requirements of law. The court consequently disposed of the petition.

The bench observed that the investigating officer had given an assurance that no effort would be spared in bringing the investigation to its conclusion.

It further said the officer would make use of all resources available under the law while conducting the probe. If necessary, the investigating officer could also request support from other investigative bodies, the court noted.

The SHC directed the authorities to ensure that the investigation into Ali’s death was pursued fairly, impartially and without unnecessary delay.

The court also made it clear that the petitioner retained the right to pursue any lawful option available to them in order to seek a transparent and impartial investigation.

Following the ruling, lawyer Jibran Nasir, representing Ali’s family, announced that the decision would be challenged through an appeal.

Nasir said the family had never asked the court to take control of the investigation. Rather, their request was limited to having the alleged shortcomings and failures in the investigation examined through judicial review.

He argued that documentary evidence already existed to support the claims of investigative shortcomings and, therefore, these matters should not simply be dismissed as “disputed facts”.

The lawyer also drew a distinction between “judicial oversight” of an investigation and an examination of whether the investigative process had been compromised.

Nasir maintained that a constitutional court was empowered to examine a matter where an investigation had been compromised, improperly conducted or had become questionable.

He further argued that the mere existence of a constitutional remedy did not serve its purpose unless it was capable of delivering an effective and timely outcome.

The family had approached the SHC last month after objecting to the formation of an inquiry panel, arguing that creating such a body at that point could negatively affect the investigation.

The latest development came after the SHC chief justice established a judicial commission to look into the case and appointed Justice Omar Sial as its head.

The commission was constituted following a request from the Sindh government to examine the alleged murder of the young businessman.

Nasir had also criticised the provincial government’s decision to establish the judicial commission.
While speaking to media on August 27, he said Ali’s family had not been consulted before the commission was formed and claimed that its terms of reference (ToRs) had also not been disclosed publicly.

Karachi Mayor Murtaza Wahab had stated that the commission was given 30 days to prepare its findings on the killing.

Under the notification issued for its formation, the commission will review the constitutional and legal dimensions of the investigation and establish the facts surrounding the case, while also focusing on maintaining transparency throughout the process.