By Afshain Afzal

In the month of October 2022, former Prime Minister of Pakistan was convicted by Election Commission of Pakistan for hiding his assets, which led to his disqualification. This was to follow his arrest but Chief Justice of Islamabad’s High Court gave three days to re-file his appeal as the government was duty bound to file a criminal case against Imran Khan for giving a false statement to the Election Commission. Fast forward, the brutal murder of Ashraf Sharif in Kenya coincided with these developments in which both local actors, Indian as well as one other country were involved.

Post 3^rd November firing incident in Pakistani city of Wazirabad, which become the cause of country wide spread of terror, despite negligible number of general public coming out to streets. Fake videos and media coverage that Aurmour pieces (Tanks) were deployed in the streets of federal capital Islamabad and provincial capital Lahore whereas nothing of such sort ever happened. This created a sense of fear, suspicion and uncertainty amongst the general masses in Pakistan as well as foreign investors’ confidence was shattered.

Meanwhile, the Inter Services Public Relations (ISPR) in a statement said, "The government of Pakistan has been requested to investigate the matter and initiate legal action against those responsible for defamation and false accusations against the institution and its officials without any evidence whatsoever."

What we are forgetting in the whole episode is that under the law of the country Police Officer has to initiate a written report mentioning description of any injuries or marks of violence received, wounds and bruises, position, length and breadth, brief report by dispatching police officer stating the manner in which the injuries or death is supposed to have been caused. But here the Punjab Health Minister Dr Yasmeen Rashid, member of Pakistan Tehreek-e-Insaf statement was considered sufficient who informed foreign and local media that two bullets hit Imran Khan, wounding him in the shin and thigh. The hospital authorities reported that it was very minor injury and it just grazed the flesh over lower shin near the ankle of right leg. Gujranwala District Headquarters Hospital’s Medical Superintendent told the media that seven injured persons were brought to the hospital and one dead body was also brought but it could not be confirmed if death by bullet wound was related to the rally-firing incident. Party has so far not named any worker who has been killed.

It is the duty of the Investigating Officer to find out the truth of the matter under investigation but same is missing. According to Part- 9 II(5) if nature of injury is not clear & requires further investigations/ expert opinion of specialist/ re-examination of the injured person, the injury may be kept under observation for some time to obtain such reports. First Information Report (FIR) is lodged with the police by the victim of a cognizable offense or by an eye witness or a person who is acquainted with the facts of the crime.

Filing of an FIR is important for initiating the process of law as an investigation is legally allowed only after an FIR has been registered. The police are bound under law to complete their investigation and submit their report to the magistrate’s office within 14 days of registration of the FIR. One wonder why the law and procedures are being violated. Duration observed by the doctor between death and post mortem is 22 to 24 hours. Delay in conducting post mortem is sufficient to draw an inference that FIR is not recorded with promptitude. 2010 YLR 1303. Delay in lodging the F.I.R. and in conducting the post mortem examination of the deceased had indicated fabrication on the part of the prosecution and doubt about the prosecution story.

A private hospital, Shaukat Khanum hospital has issued medical report which contradicts with the medical report issued by Government doctor. One wonder how can anyone allow Imran Khan to get report from a hospital where he is an owner and that too with unacceptable delay. There can be no second thought that such reports are not admissible in the court. The bottom line is that no one is above the law. When Imran Khan level allegations same should be investigated rather than banning him. Many people say that it was a drama to hide Ashraf Sharif murder or he feared his arrest for hiding the assets. What ever, the case may be, Imran Khan levelled serious allegations and if he is found guilty of fabrication, he or anyone else should be dealt with an iron hand.