Tenancy law: IHC acquits Irfan Siddiqui

The Islamabad High Court (IHC) Friday acquitted Irfan Siddiqui, a close aide to former prime minister Nawaz Sharif, in a case pertaining to the violation of tenancy law.

A single bench of IHC comprising Justice Aamer Farooq heard Siddiqui's petition seeking quashment of an FIR registered against him for not informing the relevant police station about particulars of 'his tenant' and acquitted him after reviewing a written order from assistant commissioner (AC) dated November 20.

During the hearing, the police submitted the AC's order before the court. In the order, the AC had cleared Irfan and had said that perusal of the documents submitted by the police revealed that the house belonged to his son Imran Khawar Siddiqui. The order further said that the lease agreement was between Imran and his tenant Jawed Iqbal.

The AC's written order said, "Both these facts suggest that Irfanul Haq Siddiqui had no onus to disclose the name of the tenant to the officer in-charge [of the] police station." It added, "It would be a futile exercise to proceed further."

In July, Irfan was arrested by the Islamabad police during a raid on his residence for not informing the police about renting out his house, a requirement under the tenancy law. He was presented before a magistrate who sent him to Adiala Jail on a 14-day judicial remand on a request of police. The same magistrate granted him bail the next day.

At the time, Irfan had said that the house in question belonged to his son and was rented out a few days before the police's raid.

In August 2019, Irfan filed a petition in the IHC for the quashment of the case lodged against him. Siddiqui moved the court through his counsel and cited Station House Officer (SHO) Ramna Police Station, ASI Sagheer Ahmed, district magistrate and assistant commissioner as respondents.

He stated in his petition that the concerned SHO and the ASI with the connivance of district magistrate and the AC registered a false, frivolous and baseless FIR under section 188 PPC against him just to defame, scandalize and victimize the petitioner while they publicly handcuffed him at the time of arrest in a derogatory manner.

He added that the registration of case against the petitioner and entire subsequent proceedings on the face of it are textbook example of colorable exercise of jurisdiction on the part of government functionaries.

Irfan contended that the allegation against him in the FIR is that he rented out house in violation of order of district magistrate Islamabad whereas the petitioner is neither owner nor landlord of the said house which is exclusively owned by his son Imran Khawar.