Failure to probe missing person’s case: IHC slaps Rs10m fine on interior, defense secretaries and police officials

ISLAMABAD: The Islamabad High Court (IHC) imposed Rs10 million fine on the secretaries of interior and defense, the SP (investigation), and Golra SHO over their failure to investigate a missing person’s case.

In this regard, a single bench of the IHC comprising Justice Mohsin Akhtar Kayani issued the order in a petition filed by the brother of the missing person, Ghulam Qadir.

The IHC bench imposed the fine saying that they have “jointly been held responsible for their failure to provide due protection to Ghulam Qadir.”

It further said that the state machinery is responsible in this case and by fixing the responsibility upon the aforesaid officials the authorities have been given 30 days to recover Qadir.

The brother of the missing person stated in the petition that 40-year-old Qadir was detained while he was travelling to his house near Orakzai Market with his 13-year-old son on August 28, 2014.

He added that five to six men in a white car detained his brother when he reached near an underpass. His lawyer adopted before the court that Qadir was allegedly kidnapped by the law enforcement agencies. He told the court that Qadir’s brother filed an FIR at the Golra Sharif police station, and even filed a complaint with the Commissioner of Inquiry on Enforced Disappearances.

The IHC bench noted that the matter was not investigated by the police authorities despite the best efforts of the petitioner.

It also said that the investigation officer of the case and the SP were unable to justify any of their action on the basis of the investigation referred in the police diaries. The court said that the case diaries reveal that they have not carried out the investigation in a proper manner, rather they are willfully avoiding the investigation for reasons best known to them.

It continued that the Commission of Inquiry on Enforced Disappearances declared the status of Qadir, an enforced disappearance, and directed officials of the Interior Ministry to produce him in front of the commission. The bench added that no action was taken even then.

The order said that the court is not satisfied with the working of the police department as well as the conduct of the interior and defense secretaries. It said the entire background alone reflects that the police department is not capable of investigating crimes of other law enforcement agencies.

Rather, they are hand in glove with each other.

Copyright Business Recorder, 2021