Khairi released on bail

In a suo motu action on the arrest of Habib Wahab Khairi, Supreme Court Chief Justice Nazim Hussain Sidduqi on Saturday ordered release of Khairi on a personal bond with the concerned police, and proceeded against the judicial and police officers involved in his remand in his presence from the court. The Chief Justice has summoned the Judicial Magistrate Nasir Javed Rana in his Court on Wednesday to explain how he gave remand of Khairi for ten days to police in the absence of the person and also why disciplinary action should not taken against him for "gross violation of law".
He also ordered Punjab Police Inspector General to take action against DSP Shahid Pervez and SHO of the New Town Sohail Ehsan for their failure to perform their duties as specified under law, and inform the Chief Justice within a fortnight.
The five-page order also held that the dispute between Habib Wahab Khairi and a citizen on the allotment of a quarter was of the civil nature and the Police "ought not to have taken its cognisance" after which it arrested the lawyer and launched investigations against him.
The order also noted various apprehensions which lawyers appearing for Khairi had expressed.
The defence team appointed by the Bar comprised M Bilal, Muhammad Ikram, Fazal Elahi, Said Tahir, Munsif Awan, Khalid Abbasi, Ms Sarkar Abbas, Ms Irshad, Farhat Zafar, Talat Abbas, Imran Fazal and Ms Tahira.
Appearing under summons of the Chief Justice was Shabbar Raza Rizvi, Advocate General and Afshan Ghazanfar, Additional Advocate General of Punjab. The Police officers, DSP Shahid Pervez, Inpsector Sohail Ehsan and Sub-Inspector Abdul Qayyum had been brought to the Chief Justice's Chamber by the Advocate General.
Following is the text of the order:
"On the basis of news item in the Daily Nawa-I-Waqt dated 21.09.2004 relating to Habib-ul-Wahab-ul-Khairi, an Advocate of this Court, saying that he was arrested in pursuance of an FIR registered about 37 years ago, suo motu notice was issued to Advocate General Punjab directing him to submit a report within two days about the arrest of Khairi. In compliance of above direction, learned Advocate General submitted the report on 24.09.2004.
"The dispute relates to quarter No. 963-D, Satellite Town, Rawalpindi and it has a chequered history behind it. It appears that on 2.08.1966 one Mst Naseeban, daughter of Wazir Ali, executed an irrevocable general power of attorney in respect of said quarter authorising Khairi to perform all or any of the acts enumerated therein. The power of attorney was registered on 24.08.1966 by Joint Registrar, Rawalpindi.
"On 24.09.2004 above named advocates and police officers appeared before me in chamber. SHO Sohail Ehsan stated that he had arrested Khairi on 17.09.2004 from his house and on the following day his 10 days' remand was taken from Nasir Javed Rana, learned Magistrate Section 30, Rawalpindi and that he had only presented the case papers before said Magistrate and did not produce Khairi, who remained confined in police custody. DSP Rana Shahid Pervez stated that he was supervising the investigation being conducted in this matter. In reply to a question, he maintained that he was not yet satisfied if Routine Form 5 (Possession Slip) was genuine or fake. According to him, he is still trying to ascertain its genuineness or otherwise. According to this form, possession of said quarter was delivered to Naseeban, the allottee of said quarter on 6.5.2004, although as per contents of FIR she had expired in Saudi Arabia in the year 1974 while she had gone to perform Haj. The DSP, however, maintains that right from the very beginning said quarter is in possession of one Ali Akhtar Abbasi and that till today above named person is in possession thereof. Shamim Akhtar, claiming herself to be the wife of Ali Akhtar Abbasi, has appeared before me today. She has disclosed entirely a different story. According to her, Naseeban was an unmarried woman and died as such. She also alleged that presently said quarter is in possession of one Abdul Aleem Zaigham son of Abdul Haleem Qureshi and that Khairi had taken steps to put said Abdul Aleem Zaigham in possession thereof.
"FIR of this case was registered on 16.09.2004 under sections 420 and 471 read with section 468 PPC at the instance of Shafiqur Rehman son of Haji Abdul Wahab.
"It is evident that the original allottee, right from 2.08.1966 till she expired, had no grievance against Khairi. Likewise, her alleged legal heirs, namely, Ataur Rehman, Habibur Rehman, Khalilur Rehman, Jamilur Rehman, Shafiqur Rehman (complainant) and Latifur Rehman (sons) and Zubaida and Khurshid (daughters) had never said anything against Khairi from 1974 till 2004. At least, there is nothing on record presented before me. Further, it is yet to be determined if above persons are actually legal heirs of Naseeban. Even it is not clear as to who is presently in possession of said quarter and in which capacity. The stance taken by DSP Rana Shahid Pervez stands contradicted by the assertions of Shamim Akhtar wife of Ali Akhtar Abbasi, who along with her husband remained in said quarter as per her assertion for about 40 years.
"Khairi along with Muhammad Ikram Chaudhry, ASC/Vice President, Supreme Court Bar Association had appeared before me in my chamber on 29.07.2004 and stated that he was attacked by some unknown persons and as a result he sustained head injuries. When he appeared before me, he had a bloodstained dressing on his head and he was wearing a bloodstained white shirt. He also complained that the police was not ready to register the FIR.
"Fazal Elahi Siddiqui, Advocate Supreme Court stated that the object of registration of above FIR is to compel Khairi to hand over documents of certain important cases filed by him.
"Above circumstances clearly indicate that it is a dispute of civil nature and the police ought not to have taken cognisance of this matter. It is significant to note that C.P.L.A. No. 2417/2001 filed by Ali Akhtar Abbasi in this Court regarding the quarter in dispute was dismissed vide judgment dated 7.05.2002 and the allotment in favour of Naseeban attained finality. The parties still disputing for their rights in respect of said quarter may adopt the legal course available to them, if so advised.
"In the circumstances, Khairi is granted bail subject to furnishing PR bond in the sum of Rs 10,000 before concerned police.
"Issue notice to Nasir Javed Rana, Magistrate Section 30, Rawalpindi to appear before this Court on 29.09.2004 and explain as to how he granted remand while accused (Khairi) was not produced before him. He is also required to explain as to why disciplinary action be not taken against him for acting in gross violation of law.
"The Inspector General of Police, Punjab is directed to take action against DSP Rana Shahid Pervez and SHO Sohail Ehsan under intimation to this Court within a fortnight for not performing their duties in accordance with law."