'SOP regarding cellular data needs to be updated'
Judges observe that slow process of data sharing is hindering investigation of missing persons' cases
Justice Ahmed Ali M Sheikh is the new chief justice of Sindh High Court. PHOTO: EXPRESS
KARACHI:
The Sindh High Court (SHC) observed on Friday that there was a need to update or revise the existing standard operating procedures (SOPs) to receive cellular data from cellular data providing companies in cases relating to missing persons.
A two-judge bench, headed by Justice Muhammad Shafi Siddiqui, was hearing a petition seeking the whereabouts of a businessman missing from Sherpao Colony since February 2015.
His father, Farooq Khan, had approached the court against the alleged unlawful detention of his son by the Malir police and apprehension of his killing in a fake encounter.
He named the provincial home secretary, police IG, director-general of the Rangers, Malir SP, Quaidabad SHO and incharge of the Citizens-Police Liaison Committee (CPLC) as respondents.
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The petitioner had apprehended that his son, Mehar Bangash, might have been unlawfully detained by the police and could be killed in a fake encounter after being implicated in false cases. He alleged that despite filing applications, the police had failed to trace and produce his son in a court of law. He added that the CPLC officials had also failed to provide the data of the calls made or received by his son's mobile phone.
Filing a report on pursuance of the court's earlier order, South Investigations SSP Faizullah Korejo requested that the investigation SP concerned be directed to liaise with the telephone networking companies so that they might be able to provide prompt services regarding the data of calls if the FIR of any missing person was registered.
The police officer said, however, in the absence of the FIR, the SOPs were required to be updated but the same could only be done once the court passes an order.
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"Since the earlier SOPs are in the field, we deem it appropriate to revise the earlier SOPs as we have been noticing that it takes some time to retrieve data and prompt action, as required to be taken, is not taken, as in some of the cases delays caused lost efficacy of the investigation," observed the two judges, agreeing with the police officer's suggestion.
Therefore, the judges said they deem it appropriate to resolve the controversy by taking on board all telephone networking companies so that the process of investigation is not to be hindered on account of delay in retrieving such phone calls' data.
The bench fixed the matter, along with two other petitions involving the same controversy, to pass orders in this regard.
The Sindh High Court (SHC) observed on Friday that there was a need to update or revise the existing standard operating procedures (SOPs) to receive cellular data from cellular data providing companies in cases relating to missing persons.
A two-judge bench, headed by Justice Muhammad Shafi Siddiqui, was hearing a petition seeking the whereabouts of a businessman missing from Sherpao Colony since February 2015.
His father, Farooq Khan, had approached the court against the alleged unlawful detention of his son by the Malir police and apprehension of his killing in a fake encounter.
He named the provincial home secretary, police IG, director-general of the Rangers, Malir SP, Quaidabad SHO and incharge of the Citizens-Police Liaison Committee (CPLC) as respondents.
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The petitioner had apprehended that his son, Mehar Bangash, might have been unlawfully detained by the police and could be killed in a fake encounter after being implicated in false cases. He alleged that despite filing applications, the police had failed to trace and produce his son in a court of law. He added that the CPLC officials had also failed to provide the data of the calls made or received by his son's mobile phone.
Filing a report on pursuance of the court's earlier order, South Investigations SSP Faizullah Korejo requested that the investigation SP concerned be directed to liaise with the telephone networking companies so that they might be able to provide prompt services regarding the data of calls if the FIR of any missing person was registered.
The police officer said, however, in the absence of the FIR, the SOPs were required to be updated but the same could only be done once the court passes an order.
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"Since the earlier SOPs are in the field, we deem it appropriate to revise the earlier SOPs as we have been noticing that it takes some time to retrieve data and prompt action, as required to be taken, is not taken, as in some of the cases delays caused lost efficacy of the investigation," observed the two judges, agreeing with the police officer's suggestion.
Therefore, the judges said they deem it appropriate to resolve the controversy by taking on board all telephone networking companies so that the process of investigation is not to be hindered on account of delay in retrieving such phone calls' data.
The bench fixed the matter, along with two other petitions involving the same controversy, to pass orders in this regard.