Bailed out: PHC judge decries incomplete investigation by K-P police

Says police are apparently hand in glove with those involved in car snatching


Our Correspondent July 12, 2016
Subsequently, the DCO registered a case against Faiz Ali under Maintenance of Public Order and issued an arrest warrant against him. PHOTO: REUTERS

PESHAWAR: Justice Nisar Hussain of the Peshawar High Court (PHC) has decried the police’s incomplete investigation in a car snatching case. He said cases with incomplete investigation were being filed in courts, which clearly show the police are hand in glove with the suspects.

“Our repeated directions to the provincial government regarding the police’s faulty and incomplete investigations seem to have fallen on deaf ears,” Hussain said during hearing of the vehicle snatching case. “No action has been taken so far against any official.”

The suspect, Ibadullah, who was behind the bars, filed a bail application through his  counsel Siffatullah.

During the hearing, Siffatullah said Ibadullah was arrested from Sarozai, Hangu over charges of snatching a car. However, the complainant said the car was snatched by four persons.

The counsel added no identification parade had been carried out, but Ibadullah was behind bars for the last five months just for confessing before the police for a crime he said he had not committed.

Even the statement of the persons whose house the vehicle was recovered from had yet to be recorded, he said.

Hussain asked Additional Advocate General Mujahid Ali Khan why the identification parade had not been carried out and the statements of other suspects and owner of the hujra were not taken.

He said faulty investigation has become a routine practice. According to Hussain, the courts were tired of giving directions to the provincial government about the incomplete and faulty investigation in various cases, but no action was taken against any official.

However, after hearing the arguments, the bench released Ibadullah on bail, as investigation into the cause was not complete.

Arrest warrant suspended

Another bench, headed by Justice Yahya Afridi, suspended the arrest warrant issued by the Nowshera police against a lawyer. The bench sought replies in the case from the home secretary and Nowshera district coordination officer.

Advocate Faiz Ali Khan filed a bail application through his lawyer Taif Khan. During the hearing, Taif said the petitioner was a member of Peshawar High Court Bar Association. He added Faiz Ali had visited the deputy commissioner’s office to get the file of a case signed from the district coordination officer (DCO).

“[However], the DCO refused to sign it, although as per the rules he is bound to sign it,” he said, adding the DCO could refuse to sign only if he shows a valid reason, but he threw the file on the floor of his office without any reason. Taif said lawyers protested against the DCO’s attitude outside his office.

Subsequently, the DCO registered a case against Faiz Ali under Maintenance of Public Order and issued an arrest warrant against him. However, Additional Advocate General Mian Arshad Jan said he was trying for a patch up between Faiz Ali and the DCO. Jan requested the bench to suspend the arrest warrant, which was accepted.

Published in The Express Tribune, July 13th, 2016.

 

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