Peshawar: Lawyer charged with killing of wife gets bail for ‘faulty probe’
PESHAWAR: The Peshawar High Court on Monday granted bail to a lawyer, charged with killing of his second wife, and expressed displeasure over faulty investigation in the case.
A single bench comprising Justice Dost Mohammad Khan accepted a petition filed by the accused, Azhar Yousaf, with the condition of furnishing two sureties of Rs500,000 each. The deceased woman, Saba Pervez, was killed by unidentified persons and her body, bearing marks of torture, was thrown at a deserted place on Sept 8 in the limits of Daudzai police station.
Two days later the parents of the woman identified her and charged their son-in-law for the offence. They alleged that she was second wife of the accused and he had killed her in connivance with his first wife, Ms Samina, who has presently been absconding.
The bail application of the accused was earlier dismissed by the subordinate court. The courtroom was packed to its capacity as a large number of lawyers including office-bearers of PHC Bar Association and Peshawar District Bar Association turned up in support of their colleague, whereas a lone woman counsel, Sureya Jabeen, appeared for the complainants.
Few activists of NGOs also attended the proceedings as parents of the deceased had alleged that lawyers had been influencing the courts and the counsel appearing on their behalf.
The bench pointed out several loopholes in investigation of the case, observing that it was a matter of criminal negligence on part of local police. The court ordered that a copy of its order should be sent to the provincial home secretary, additional inspector general of police (investigation) and SSP (investigation) to do what was required by law.
“Every DSP of a circle and SP concerned shall personally go to the crime spot in every case and shall verify the investigation conducted by SHO or investigation officer and shall point out deficiency in the same as it is their statutory duty,” the court ordered.
PHCBA president Khwaja Mohammad Gara argued on behalf of the accused and contended that he had entered into love marriage with the deceased woman. He added that the petitioner had acquired separate house for her and since their marriage the deceased had never complained to her parents regarding his attitude.
Mr Gara pointed out that the parents of the deceased were annoyed over the marriage and the petitioner believed that the deceased might have fallen prey to honour-related killing.
Ms Jabeen said when the deceased went missing the accused remained silent and did not lodged complaint with police. She argued that the record of the cellular phone of the deceased showed that she was contacted by the accused, Samina, following which she left her residence and then her body was recovered.
The bench observed that the investigation agency had only collected statements of different persons as evidence and inconclusive cellular phone data mainly containing communication between the first wife of the petitioner and Mohammad Aslam, a mysterious person because the investigation agency failed to trace out who he was and what was his connection with the absconding accused.
“This court is shocked and expresses its serious displeasure over the way investigation conducted by the local police because it is job of a raw hand as many important links in the chain were not provided,” the bench observed.