The Islamabad High Court (IHC) Tuesday disposed of a petition seeking recovery of two children arrested by Golra police on May 13 from their home in connection with a crime allegedly committed by their elder brother.
A single bench of IHC comprising Chief Justice Athar Minallah heard a petition filed by Tasleema Bibi, a resident of Chungi No 26 Islamabad, and expected "fair and transparent investigations" in an FIR registered against the SHO and investigation officer (IO).
During the hearing, Justice Athar asked from DIG (Operations) what action has been taken so far in this regard. He told the court that the SHO and IO concerned have been arrested after registering a case against them.
The Chief Justice noted in his written verdict, "This court is satisfied that the Inspector General of Police, Islamabad Capital Territory, has taken appropriate action against the officials who had allegedly abducted the two children and had kept them in illegal confinement for a considerable time. It would be appropriate not to make any further observation, lest it may prejudice the right of fair trial of the accused before the competent court.
Moreover, this court records its appreciation for the timely action taken by the IGP, Islamabad Capital Territory, and other senior officers, which would definitely help in improving the culture of the police stations of Islamabad Capital Territory and make public functionaries more accountable for their acts and omissions, which affect the fundamental rights of the citizens."
He added that it is further expected that fair and transparent investigations would be conducted pursuant to registration of an FIR No 233/2019, dated 27.05.2019 against the respondents.
Justice Athar also stated, "It is noted that the Police Order, 2002 has become effective and operative in the Islamabad Capital Territory because the local governments established and elected under the Islamabad Capital Territory Local Government Act, 2015 have assumed their respective offices. The Subsection (3) of Section 1 of the Police Order, 2002 has, therefore, taken effect and issuance of a notification in this regard has become a mere formality and a ministerial act. Consequently, Chapter XVII titled 'Offences by and Punishments for Police Offers' has also become operative."
He added that Section 156 of the Police Order, 2002 declares that an officer who without lawful authority, or reasonable cause, enters or searches or causes to be entered or searched any building, vessel, tent or place or veraciously and unnecessarily seizes the property of any person or unnecessarily detains, searches or arrest any person or inflicts torture or violence to any person in his or her custody, shall, for every such offence, on conviction be punished with imprisonment for a term, which may extend to five years and with fine. The Inspector General of Police Islamabad Capital Territory may, therefore, also consider taking action under the said provisions in the instant case. The federal government and the chief commissioner Islamabad Capital Territory are expected to fulfil their respective obligations under the Police Order, 2002 for ensuring effective performance and accountability of the Police force of the Islamabad Capital Territory.
In this matter, Ali Sher and Hamza, who are nephews of the petitioner and stated to be 12 and 14 years old respectively, were allegedly abducted by Saqib Mahmood, Assistant Sub Inspector (ASI) on 13.05.2019 and were kept in illegal confinement. The petitioner had also alleged when she approached respondent no.2, ie, the in-charge of police station, Golra, Islamabad namely, Muhammad Arshad, Inspector, the latter threatened that other family members would also be arrested unless the elder brother of the two children surrenders himself before the investigating officer.
According to details, the petitioner has accused ASI Saqib of arresting Ali Sher and Hamza from her home in Chungi No. 26, a suburb of Islamabad. The ASI told the petitioner that he was taking her children into custody in connection with a criminal investigation in which their elder brother, Sajjad, is a suspect.
She said the ASI also arrested the petitioner's landlord and kept everyone in police lock-up. When the landlord was released the next day, he told the petitioner that the ASI had kept her children in miserable conditions.
The petitioner has asked the IHC that her children to be recovered from ASI Saqib's custody, and to initiate criminal proceedings against him and the Golra Station House Officer.
During the hearing, the petitioner also alleged that the IO also took away a fridge from her home. The petitioner's counsel said that the children were illegally taken from the house and had been missing since. He said that the petitioner had approached the police hierarchy but to no avail.
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