ISLAMABAD – The Supreme Court on Tuesday directed the counsels for Bahria Town to produce till February 28 the affidavits of compromise reached between the accused of drag car race and the legal heirs of the five victims.
A four-member bench comprising Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry, Justice Muhammad Sair Ali, Justice Ghulam Rabbani and Justice Khalilur Rehman Ramday was hearing a suo moto case pertaining to the killing of five persons during an illegal drag car race organised at Bahria Town, Rawalpindi, on December 5, 2010.
Advocate General Punjab Khawaja Haris told the court if the legal heirs of the deceased had forgiven the accused in written, it was a circumstantial evidence that they (accused) were involved in the incident. Hamid Khan said the affidavits of the deceased’s heirs had been obtained wherein desired not to prosecute the accused persons.
Appearing on notice, DIG Major (r) Mubasharullah, also the investigation officer, informed the court that one accused Atif Sheikh, organiser of the event, had fled the country. When the chief justice asked him about the steps being taken for his extradition, the DIG was unable to provide an answer on which the CJP asked him to contact FIA and bring back the accused through Interpol.
During hearing, former IGP Islamabad Syed Kalim Imam, accused of favouring Ali Riaz son of Bahria Town’s owner Malik Riaz, tendered unconditional apology that was accepted by the court. Justice Ramday noted how was it possible that many employees of Bahria Town were involved in holding the race but the owner had no knowledge, adding that the FIA was not taking interest in arresting Atif Sheikh.
During the last hearing, the court had directed the Interior and Foreign Affairs secretaries and Director Immigration FIA to ensure extradition of Atif Sheikh.
Mubasharullah had told the court that Imam had contacted him on telephone with recommendation to accept the affidavits being filed on behalf of Ali Riaz and others. The court had also ordered him to submit the statement in writing and directed the Registrar Office that to issue a notice to Imam to explain as to why he made attempts to influence the investigating officer.
The court had said since the investigation had not yet been concluded, the counsels for any of the parties were free to avail the legal remedy in accordance with law before the competent forum.