PAKISTAN: The abduction for ransom of a minor girl reveals a miscarriage of justice and the nexus between the police and dacoits

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-130-2011
ISSUES: Child rights, Right to redress, Rule of law,

Dear friends, 

A six and a half year old girl was abducted by dacoits, said to be the henchmen of a tribal leader four years ago and her whereabouts remain unknown. All the persons involved in the abduction who were named in the First Information Report (FIR) were released on bail by the Supreme Court on the basis that the FIR was filed very late. The high police officials claim that the girl was sold to many criminal gangs and that she is still alive. Meanwhile the father of the minor is receiving threatening calls from the released persons for indicting them in the FIR. The government first took up the case but because of the involvement of powerful politicians from its allied parties it then disassociated itself from the case. 

The girl should now be eleven and half years old and it is feared that she will be used for nefarious designs to earn money as the father is unable to pay the huge amount of ransom demanded being a poor farmer. 

The disappearance of abductees is a miscarriage of justice by the higher courts caused by government’s political expediency to appease its allies and because of the fear of exposing the nexus between the police and criminal elements (dacoits) in the rural areas of the province. 

CASE NARRATIVE: 

Fazeela Sarki was six and half years of age when she was abducted. The daughter of Abdul Razzak Sarki, a resident of village Gharee Hassan Taluqa Thul Dist: Jacobabad, Sindh province. She was kidnapped on 23 March, 2007 at 7 p.m. for ransom by a group of notorious dacoits headed by Budho Darhyal. It is known that Budho lives in a forest area called Kucha area between the two districts of the province. The government of Sind had already announced a head money reward of Rs. 2 million for his arrest. 

At the time of the abduction Fazeela was playing in the street where her father and uncle were purchasing something from a shop. Suddenly the notorious dacoits namely, Qadir Bux alias Qadrooson, Allah Warayo Sarki, Baloo, Mushtaque, Shahnawaz and Budho appeared in the street on motor bikes. They kidnapped Fazeela by threatening the by-standers with their guns and shooting in the air. 

Abdul Razzak, the father, went to the tribal chief, Sardar Zulfiqar Sarki, who said he could not help in the case. Abdul then went to lodge an FIR in Garhee Hassan police station where the station house officer (SHO) Mr. Badar Jatoi refused to mention the names of the notorious dacoits, advising that if they named the dacoits the girl would be killed and therefore the FIR should be lodged against unknown persons. Even then the police filed the FIR after the passing of one and half months. 

In the meantime the gang leader of the dacoits, Budho Sarki, via a telephone call demanded a ransom of Rs. 400,000. After a long negotiation for her safe release he instructed the family to pay the money to Karim Bukhsh alias Borro Sarki. The next day the father paid the amount to Karim Baksh at his house and was told that their girl would be released within three days. The family was told not to tell the police so that the girl would not be harmed. 

However, one year after the incident the alleged dacoits told him that his daughter had fallen ill and died in April 2008. 

After the change in government in 2008 a new SHO, Mr. Abdul Wahid Buriro, was appointed who helped the father of the victim and lodged an FIR against the main accused persons. The new SHO came very close to getting the girl released after arresting two of the main accused, Qadiro alais Qadir Bukhsh and Karim Bakhsh alias Boro, but by the intervention of the tribal chief and his younger brother, Dr. Sohrab Sarki, former provincial minister in General Musharraf’s cabinet, the SHO was suddenly transferred. Around the same time it was also announced that gang leader of the dacoits, Budho Dharyal, who took the ransom money, had been killed in police encounter. 

In the meantime, on the basis of the arrest and their confessional statements that they had taken ransom money for the release of the girl, a case was filed before the Anti-Terrorist Court (ATC) against the arrested accused persons. The police and prosecution made such a weak case against the perpetrators that they were released on bail by the Sindh High Court on 4 March 2010 just after the bail was rejected from the ATC. In the month of March, 2011 Abdul Razzak Sarki submitted a petition against the bail of the accused persons before the Supreme Court of Pakistan, which was dismissed on the plea that the FIR was lodged after one year of the incident whereas the father of the victim told the court that he did this because the police did not file the case. The case was sent back to the Anti terrorism Court Larkana vide an order passed on 22 July 2011. (However, the order has still not been received from the Supreme Court by the victim’s father). Abdul Razzak Sarki pleaded his case himself, before the Honourable High Court and Supreme Court. He is uneducated and a poor man and was not able to plead his case himself nor able to engage an advocate. 

It was reported by lower ranking police officials to the father of the victim that Fazeela was sold to two more groups after the killing of Budho Dharyal, the gang leader. He was advised not to pursue the case otherwise she would be killed as, if she was released then she would give evidence in the court so many people will be exposed, that is why she cannot be released. In another development the district police officer, the highest police officer of the district, Mr. Pervez Ahmed Chandio, confirmed him that child is alive and is in the custody of another dacoit gang with the name of Mir Bahar. The person appointed as the investigation officer, Mr. Imtiaz Ahmed also confirmed that she has been sold to the Mir Bahar gang. The gang leader of Mir Bahar, Mir Bahar Ghora, has a head money reward of Rs. one million on him. 

ADDITIONAL INFORMATION: 

The interior of Sindh province is a heaven for the dacoits which have the support of the tribal leaders and members of the assemblies. The Kucha areas are the best hideouts for hard criminals which are situated along the banks of river Indus, the largest river of the country. The dacoits hide between the junctions of the different districts so that they will not come under the particular jurisdictions of any police station. The land lords and tribal leaders use them for intimidation to suppress the local population during the general elections. 

In the area between Shikarpur and Jacobabad districts the Sarki tribe is dominant and gets political positions through the assistance of hard criminals. During the regime of General Musharraf a member of the provincial assembly changed his loyalty and joined the camp of the Musharraf military government. The girl in this instance was abducted and sold during the military government’s reign but when new civilian government came to power and made its alliance with Musharraf political party, the PML-Q, the Sarki became the part of the government. The ruling party, PPP, who was at one time agitating for the release of the victim during the regime of the General has now left the victim to the mercy of the dacoits after his party became part of the government. 

SUGGESTED ACTION: 
Please write letters to the authorities for the safe recovery of a minor girl who is missing since four years after her abduction by the dacoits and who the victim of miscarriage of justice, nexus between police and dacoits and government’s political expediency. Please urge the authorities to take action against the Jacobabad and Shikarpur police for their nexus with the notorious dacoits and their negligence for not recovering a minor girl who is said to be still in the custody of the dacoits for their nefarious designs. The government must also arrest all the perpetrators and including the tribal chief of Sarki tribe and member of the provincial assembly from Jacobabad for providing protection to the perpetrators. 

The AHRC is writing a separate letter to the UN Special Rapporteur on the Question of child rights calling for his intervention into this matter. 

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ___________, 

PAKISTAN: The abduction for ransom of a minor girl reveals a miscarriage of justice and the nexus between the police and dacoits 

Name of victim: Miss Fazeela Sarki, six and half years at the time of abduction, daughter of Abdul Razzak Sarki, resident of village Garhee Hassan, Tauluqa Thull, Jacobabad district, Sindh province 

Names of alleged perpetrators: 
1. Qadir Bux alias Qadrooson of Karim Bukhsh alais Boro Sarki resident of Gharee Hasan Taluka Thull, Jacobabad district, Sindh province 
2. Allah Warayo Sarki, son of Allah Rakhyo Sarki, Jacobabad district, Sindh province 
3. Baloo, son of Mithal Sarki, resident of Gharee Hassan, Jacobabad district, Sindh province 
4. Mushtaque, Ghazi Shah Talluka Thull, Jacobabad district, Sindh province 
5. Shahnawaz Bhangar resident of Ghazi Shah Talluka Thull, Jacobabad district, Sindh province 
6. Budho son of Amanullah sarki resident of Kati Mumtaz District Larkana, Sindh province 
7. Kareem Buksh, Ghoro, resident of Garhi Hassan Tauluqa Thull, Jacobabad district, 
Sindh province 
8. Sardar Zulfiqar Sarki, chieftan of Sarki tribe, Jacobabad, Sindh province 
9. Dr. Sohrab Sarki, member of Sindh Assembly, Jacobabad, Sindh province 
10. Mr. Munir Khoro, for district police officer (DPO), Jacobabad, Sindh province 
11. Mr. Badar Jatoi, former station house officer (SHO), Garhi Hassan police station, 
Tauluqa Thull, jacobabad district, Sindh province 

Date of incident: 23 March 2007 
Place of incident: Garhi Hassan, Tauluqa Thull, Jacobabad district, Sindh province 

I am writing to voice my deep concern regarding the abduction of a minor girl by notorious dacoits for ransom and the blatant nexus of the police with the dacoits for delaying the safe recovery of a girl who has been missing for more than four years. 

I am shocked to know that Fazeela Sarki was six and half years of age when she was abducted. The daughter of Abdul Razzak Sarki, a resident of village Gharee Hassan Taluqa Thul Dist: Jacobabad, Sindh province. She was kidnapped on 23 March 2007 at 7 p.m. for ransom by a group of notorious dacoits headed by Budho Darhyal. It is known that Budho lives in a forest area called Kucha area between the two districts of the province. The government of Sind had already announced a head money reward of Rs. 2 million for his arrest. 

At the time of the abduction Fazeela was playing in the street where her father and uncle were purchasing something from a shop. Suddenly the notorious dacoits namely, Qadir Bux alias Qadrooson, Allah Warayo Sarki, Baloo, Mushtaque, Shahnawaz and Budho appeared in the street on motor bikes. They kidnapped Fazeela by threatening the by-standers with their guns and shooting in the air. 

It is distressing to learn that when the father of the victim went to the tribal chief, Sardar Zulfiqar Sarki, flatly refused to assist in the case. The victim’s father, Abdul, then went to lodge an FIR in Garhee Hassan police station where the station house officer (SHO) Mr. Badar Jatoi refused to mention the names of the notorious dacoits, advising that if they named the dacoits the girl would be killed and therefore the FIR should be lodged against unknown persons. Even then the police filed the FIR after the passing of one and half months. 

I believe that it is blatantly obvious that the police are in nexus with the dacoits and ignored the action of notorious dacoit, Budho Sarki, who demanded, through a telephone call, the ransom of Rs. 400,000. He gave instructions to pay the money to Karim Bukhsh alias Borro Sarki. The police have not arrested the Karim Baksh alias Boro who received amount at his house. This man told the father that the girl would be released within three days and not to tell the police so that the girl would not be harmed. However, after one year of the incident the alleged dacoits told him that his daughter fell ill and died on in April 2008. 

After the change in government in 2008 a new SHO, Mr. Abdul Wahid Buriro, was appointed who helped the father of the victim and lodged an FIR against the main accused persons. The new SHO came very close to getting the girl released after arresting two of the main accused, Qadiro alais Qadir Bukhsh and Karim Bakhsh alias Boro, but by the intervention of the tribal chief and his younger brother, Dr. Sohrab Sarki, former provincial minister in General Musharraf’s cabinet, the SHO was suddenly transferred. Around the same time it was also announced that gang leader of the dacoits, Budho Dharyal, who took the ransom money, had been killed in police encounter. 

In the meantime, on the basis of the arrest and their confessional statements that they had taken ransom money for the release of the girl, a case was filed before the Anti-Terrorist Court (ATC) against the arrested accused persons. The police and prosecution made such a weak case against the perpetrators that they were released on bail by the Sindh High Court on 4 March, 2010 just after the bail was rejected from the ATC. In the month of March, 2011 Abdul Razzak Sarki submitted a petition against the bail of the accused persons before the Supreme Court of Pakistan, which was dismissed on the plea that the FIR was lodged after one year of the incident whereas the father of the victim told the court that he did this because the police did not file the case. The case was sent back to the Anti terrorism Court Larkana vide an order passed on 22 July 2011. (However, the order has still not been received from the Supreme Court by the victim’s father). Abdul Razzak Sarki pleaded his case himself, before the Honourable High Court and Supreme Court. He is uneducated and a poor man and was not able to plead his case himself nor able to engage an advocate. 

I am appalled to know that the lower ranking police officials told the father of the victim that Fazeela has been sold to two more groups after the killing of gang leader the Budho Dharyal. He was advised not to pursue the case otherwise she would be killed as, if she was released then she would give evidence in the court so many people will be exposed, that is why she cannot be released. In another development the district police officer, the highest police officer of the district, Mr. Pervez Ahmed Chandio, confirmed him that child is alive and is in the custody of another dacoit gang with the name of Mir Bahar. The person appointed as the investigation officer, Mr. Imtiaz Ahmed also confirmed that she has been sold to the Mir Bahar gang. The gang leader of Mir Bahar, Mir Bahar Ghora, has a head money reward of Rs. one million on him. 

The case of Fazeela Sarki is a gross violation of the Convention for Child Rights (CRC) which Pakistan has ratified and pledged before the UN many times that it is following it. This is a failure to ensure rule of law on the part of the government. The powerful people who are in the government are the main responsible for the abduction and disappearance of her. The police has become subservient to the tribal chiefs and members of the ruling alliance. 

I urge you to intervene in the abduction and disappearance of Fazeela Sarki and make all efforts for her safe recovery. The police of the Jacobabad district must be prosecuted for negligence on their part for providing protection to the perpetrators and not performing their duty to recover the girl. Please also conduct an inquiry against the police and powerful persons of the Jacobabad district for the abduction of the girl and her disappearance since March 2007. 

I look forward to your prompt response and action in this case. 

Yours sincerely, 

—————- 
PLEASE SEND YOUR LETTERS TO: 

1. Mr. Asif Ali Zardari 
President of Pakistan 
President’s Secretariat 
Islamabad 
PAKISTAN 
Tel: +92 51 9204801/9214171 
Fax: +92 51 9207458 
Email: publicmail@president.gov.pk 

2. Mr. Syed Yousaf Raza Gilani 
Prime Minister of Pakistan 
Prime Minister House 
Islamabad 
PAKISTAN 
Fax: + 92 51 9221596 
E-mail: pspm@pmsectt.gov.pk or nsethi@pmsectt.gov.pk 

3. Syed Qaim Ali Shah 
Chief Minister 
Karachi, Sindh Province 
PAKISTAN 
Fax: +92 21 920 2000 
E-mail: cmcomplaintcell@cmsindh.gov.pk 

4. Federal Minister for Human Rights 
Ministry of Human Rights 
Old US Aid building 
Ata Turk Avenue 
G-5, Islamabad 
PAKISTAN 
Fax: +9251-9204108 
Email: sarfaraz_yousuf@yahoo.com 

5. Mr. Muhammad Ayaz Soomro 
Minister for Law, Parliamantry Affairs & Criminal Prosecution Service 
Sindh Assembly Building, 
Court road, Karachi, Sindh province 
PAKISTAN 
Fax: +92 21 9211982 
E-mail: secy.law@sindh.gov.pk 

6. Chief Justice of Sindh High Court 
High Court Building 
Saddar, Karachi 
Sindh Province 
PAKISTAN 
Fax: +92 21 9213220 
E-mail: info@sindhhighcourt.gov.pk, mit2shc@sindhhighcourt.gov.pk 

7. Ms. Nadia Gabol 
Minister for Human Rights 
Government of Sindh, 
Pakistan secretariat, Barrack 92, 
Karachi, Sindh Province 
PAKISTAN 
Fax: +92 21 9207044 
Tel: +92 21 9207043 
E-mail: lukshmil@yahoo.com 

8. Dr. Faqir Hussain 
Registrar 
Supreme Court of Pakistan 
Constitution Avenue, Islamabad 
PAKISTAN 
Fax: + 92 51 9213452 
E-mail: mail@supremecourt.gov.pk 

9. Inspector General of Police 
Police Head office, I. I. Chundrigar road 
Karachi, Sindh Province 
PAKISTAN 
Fax: +92 21 9212051 
E-mail: ppo.sindh@sindhpolice.gov.pk 

Thank you. 

Urgent Appeals Programme 
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-130-2011
Countries : Pakistan,
Issues : Child rights, Right to redress, Rule of law,