IN THE SUPREME COURT OF PAKISTAN 
 
          (Original Jurisdiction)   
 
Present: 
Mr. Justice Iftikhar Muhammad Chaudhry, CJ.  
Mr. Justice Javed Iqbal 
Mr. Justice Nasir-ul-Mulk 
Mr. Justice Tariq Parvez 
Mr. Justice Amir Hani Muslim  
 
SUO MOTU CASE NO. 10 OF 2011 
 
 
 
(Suo Motu action regarding brutal killing  
of a young man by Rangers in Karachi) 
 
On Court notice   
: 
Maulvi Anwar-ul-Haq,  
 
 
 
 
 
Attorney General for Pakistan.  
   
 
 
 
 
 
Mr. Shafi Ahmed Memon,  
 
 
 
 
 
Additional Adv. General Sindh. 
 
 
 
 
 
Mr. Qamar Zaman Chaudhry,  
 
 
 
 
 
Secretary Interior.  
 
 
 
 
 
Mr. Abdul Subhan Memon,  
 
 
 
 
 
Chief Secretary, Govt. of Sindh 
 
 
 
 
 
Mr. Fayyaz Ahmed Leghari, 
 
 
 
 
 
Provincial Police Officer Sindh. 
 
 
 
 
 
Mr. Muhammad Ejaz Chaudhry,  
 
 
 
 
 
Director General, Pak. Rangers.  
 
 
 
 
 
Mr. Muhammad Riaz-ud-Din,  
 
 
 
 
 
Acting Home Secretary Sindh 
 
 
 
 
 
Mr. Anwar Subhani,  
 
 
 
 
 
Acting AIG (Legal). 
 
Date of hearing   
: 
 10.06.2011. 
 
 
 
 
 
O R D E R 
 
 
IFTIKHAR MUHAMMAD CHAUDHRY, CJ. – Pursuant to 
incident of murder of one Sarfraz Ahmed at the hands of Sindh 
Rangers in the vicinity of Benazir Park, Block-VI, Gate-II, 
SMC.10/2011 
2 
Karachi, video clips were shown by most of the prominent TV 
Channels, same have been watched in Court today, which prima 
facie establish that about 5/6 persons in uniform initially caught 
hold of Sarfraz Ahmed (deceased) from his hairs and thereafter 
one of them opened fire, due to which Sarfraz Ahmed sustained 
injuries and fell down, crying for his life, begging them that he 
should be removed to hospital.  
2. 
 
Unfortunately, none of the police and Rangers 
officials present on the spot helped the deceased Sarfraz Ahmed 
(then injured) as a result whereof he succumbed to injuries in 
their presence. The manner, in which the death of Sarfraz Ahmed 
deceased has occurred, clearly indicates barbarism because once 
he had been overpowered, as it is evident from the video clips, he 
was not to be fired upon in any case and at the best the Rangers 
personnel could have handed him over to the police, if there was 
an allegation of his being involved in the commission of some 
offence.  
3. 
 
In order to conceal/smokescreen the highhandedness 
of both i.e. Rangers and Police, with the connivance of each 
other, they registered FIR No. 225 of 2011, on 08.06.2011 at 
Police Station Boat Bason, District Town Clifton at 7.30 pm, 
against the incident that took place at 5.15 pm on the complaint 
of one Afsar Khan son of Gul Mohiuddin under Sections 
SMC.10/2011 
3 
393/353/324 PPC. As per the version of the complainant, a 
person armed with a pistol threatened one Alam Zeb and his wife, 
statedly in front of the complainant, to hand over whatever 
valuable they have got with them and during this, the Rangers 
posted at the place reached there; on seeing the Rangers the 
dacoit (      ) /deceased, opened fire with intention to commit their 
murder; therefore, the Rangers also opened fire in their self 
defence due to which the dacoit sustained injuries on his body 
and the pistol in his hand also fell down; his name was learnt to 
be Sarfraz. The complainant further stated that the injured dacoit 
was shifted to Jinnah Hospital in the CHEEPA Ambulance. His 
claim was that as the said Sarfraz had demanded money on 
gunpoint and had intervened in the official duty of the Rangers 
and had also extended threat to their life, as such case may be 
registered.  
4. 
 
The above FIR was followed by another FIR No.226 
of 2011 of same Police Station dated 08.06.2011 at 7.45 pm. 
under Section 13D of the Arms Ordinance, with regard to pistol, 
allegedly recovered from the deceased with magazine with three 
rounds and as the same was without licence, therefore, a separate 
case was registered against him. 
5. 
 
After registration of these FIRs, on 09.06.2011 at 
00.30 (midnight) FIR No.227 of 2011 was registered under 
SMC.10/2011 
4 
Section 302/34 PPC at the same Police Station on the complaint 
of Syed Salik Shah son of Khameen Shah, wherein he deposed 
that on coming to know that his brother Sarfraz Ahmed had a 
quarrel at Benazir Park, where the Police and Rangers were 
present, he went to Boat Bason Police Station and met Zulfiqar, 
SI, who informed him that his brother has been injured, therefore, 
he had been shifted to Jinnah Hospital; when he (the 
complainant) reached Jinnah Hospital, he found his brother’s 
dead body lying in the Emergency.  According to the contents of 
this FIR, he named two persons i.e. Muhammad Afzal and 
Shahid Zafar alongwith their other colleagues and two unknown 
persons to have committed the murder of his brother; therefore, 
action according to law may be taken.  
6. 
 
The narration of above facts regarding FIR are 
entirely contrary to the video clips played in Court, as it is 
evident therein that one person had got hold of Sarfraz who was 
empty handed; that person pushed Sarfraz towards the Rangers 
present near a vehicle parked over there; the Rangers present 
overpowered him and they directed him to face upward; during 
this course he was caught hold from his hairs and collar of the 
shirt, there was a commotion that “he is the same person” and he 
was then moved by pushing him towards the Rangers; in the 
meantime, one of the Rangers personnel  fired upon him as a 
SMC.10/2011 
5 
result, he got injured and fell down and started crying, begging 
Rangers personnel that he should be shifted to the hospital but all 
the Rangers officials present over there had been watching him; 
meanwhile the blood started oozing out from his injuries and he 
succumbed to the injuries while lying in the pool of blood.  
7. 
 
The Police although had registered the FIR No. 225 
and FIR No. 226 of 2011 but have not stated a single word about 
the death of Sarfraz and in a clandestine manner stated that he 
had been shifted to Jinnah Hospital as injured. Even subsequent 
thereto, no case was registered about this murder by the police 
officials, until his brother Syed Salik Shah came to Police Station 
and got registered the case at 00:30 (midnight) on 09.06.2011 till 
such time the complainant had limited information about the 
occurrence as mentioned hereinabove.  
We may mention here that it was not only the duty of the 
police concerned but of the Provincial Police Officer as well as 
Director General Rangers, to take notice of the matter, as they 
must have learnt about the incident which was widely aired by 
the electronic media and there was a lot of hue and cry regarding 
this incident; furthermore the family of the deceased alongwith 
other 
citizens 
had 
also 
started 
raising 
voice 
against 
highhandedness of these law enforcing agencies. Surprisingly, 
when the case vide FIR No.227 of 2011 was registered, even then 
SMC.10/2011 
6 
except two persons, whose names were mentioned in the FIR 
lodged by the complainant, the custody of remaining persons, 
who were very much visible at the scene of crime, were not 
handed over nor the police demanded them for the purpose of 
investigation. As far as the awareness of the incident is 
concerned, it was very much available on all TV Channels.  
When we enquired from the DG Rangers, he admitted that 
because only two persons were nominated in the FIR, therefore, 
their custody was handed over; as far as the other Rangers 
personnel present on the spot are concerned, according to him, 
they are in the custody of the Rangers. This conduct on the part 
of the Police as well as Rangers does not seem to be above board. 
When such a heinous crime has been reported by the electronic 
media/TV Channels, they should have come forward with all 
fairness and should have got arrested all the persons, who were 
involved in the case.  
8. 
 
We do not know about the status of investigation 
because the things have been mixed up deliberately by the Police 
while registering the FIRs in the manner as it has been discussed 
hereinabove and this is nothing but a device to save the persons, 
who are apparently seems to be involved in the commission of 
the offence. We do believe that under the Constitution of the 
Islamic Republic of Pakistan, it is the State who is responsible to 
SMC.10/2011 
7 
provide protection and safety to the life of all its citizens, but in 
the instant incident facts are other way round i.e. negation of 
Article 9 of the Constitution. 
9. 
 
Accepting for the sake of argument that the deceased 
was involved in some criminal case, which apparently seems to 
be incorrect, the Rangers had no authority to open fire upon him. 
Reference in this behalf can be made to Mehram Ali  v.  
Federation of Pakistan (PLD 1998 SC 1445), wherein this 
aspect of the case has been discussed by this Court by clearly 
stating that under Section 5(2)(i) of the Anti Terrorism Act, 1997, 
the Rangers have no authority to open fire.  
10. 
 
Be that as it may, when we enquired from the Chief 
Secretary, Government of Sindh about the powers, which are to 
be exercised by the Rangers, conferred upon them by the 
Provincial Government for the purpose of acting in aid of the 
Police and civil administration, he produced a copy of the 
notification, which is not the original one but it seems to deal 
with extension, etc. of the tenure for which Rangers shall stay in 
aid of civil administration. In the meantime, the Chief Secretary 
had left for the meeting with the Prime Minister in some other 
matter. Before leaving for the meeting with the Prime Minister, 
the Chief Secretary stated that he admits that the present incident 
is a case of utter violation on the part of these law enforcing 
SMC.10/2011 
8 
agencies to enforce law and he surrenders before this Court for 
the incompetency of these law enforcing agencies in this regard. 
He assured that protection to the life and property of the 
cameraman of a private TV Channel “AWAZ”, who had prepared 
the original video of the incident, shall be provided. In view of 
his statement, we direct him to do the needful. Mr. Riazuddin, 
Acting Home Secretary, Government of Sindh, present in Court, 
had placed on record a copy of the notification dated 3rd 
February, 2010; however, this notification is silent about powers 
that have been conferred upon the Rangers and the manner in 
which the same has to be exercised.  
11. 
 
When we enquire from the Provincial Police Officer 
about the progress of the case, surprisingly he gave reply that 
today remand of the two accused persons shall be taken and then 
the investigation will start; whereas the DG Rangers pointed out 
that two empties shell, fired from the service rifle by an accused, 
have been handed over to the police today at about 9.00 am 
alongwith his service rifle. Similarly, the custody of the two 
accused has been given yesterday at night whereas the custody of 
the remaining officials as well as the persons, who were Incharge 
of the Company has not so far been handed over.  
12.   
From the above noted facts and circumstances, it is 
not difficult to visualize that how this incident had taken place 
and the manner in which both the high-ups i.e. of the Police and 
SMC.10/2011 
9 
the Rangers, had dealt with the same. It is a classical case of 
highhandedness of the law enforcing agencies and instead of 
feeling sense of responsibility and showing uprightness and 
honesty, they are, even today, concealing the facts while 
appearing 
before 
this 
Court. 
Therefore, 
under 
these 
circumstances, we apprehend that the investigation of the case 
would not be conducted properly and impartially, in presence of 
both these senior officers i.e. Mr. Fayyaz Ahmed Leghari, PPO 
Sindh and Mr. Muhammad Ejaz Chaudhry, DG Rangers (Sindh), 
as such through Attorney General for Pakistan, we direct that 
they should be posted out within a period of three days and in the 
meantime some alternate arrangements should be made. 
However, if after three days, the notifications in this regard are 
not issued, it is directed to withhold the salaries of above two 
officers as they would not be entitled for the same till the 
notification of their posting out is not issued. This part of our 
order shall be enforced/implemented by the Secretary Interior by 
proceeding according to relevant rules. Meanwhile, Mr. Sultan 
Khawaja, DIG Karachi, who is statedly a reputable officer, is 
directed to take over the charge of the investigation against all the 
culprits and complete the same within a period of seven days, by 
applying all appropriate provisions of law as the matter seems to 
attract prima facie Section 7 of the ATA, 1997, and shall send up 
challan before the Court of competent jurisdiction. He shall also 
submit progress report of his investigation to the Registrar of this 
Court for our perusal in Chambers.  
SMC.10/2011 
10 
13. 
  
The Court seized of the matter shall decide the same 
by conducing trial on day to day basis, by not taking more than 
30 days, without being influenced in any manner from the instant 
proceedings. Ultimate result of the trial shall be communicated to 
the Registrar of this Court for our perusal in Chambers. 
 
This Suo Moto Case stands disposed of accordingly.   
 
 
 
 
 
 
 
 
 
CJ. 
 
 
 
 
 
 
 
 
 
 
 
  J(1). 
 
 
 
 
 
 
 
 
 
 
  J(3). 
 
 
 
 
 
 
 
 
 
 
 
  J(10). 
 
 
 
 
 
 
 
 
 
 
  J(14). 
 
Islamabad, 
10.06.2011 
Irshad Hussain /* 
 
 
 
 
APPROVED FOR REPORTING.  
 
