IHC orders action against cops over illegal detention of minors

Golra police had confined two boys to force their brother to surrender

ISLAMABAD: Officers of the Islamabad Police on Monday confessed to illegally holding two minors in their lockup, drawing the ire of the Islamabad High Court.

Following court orders, the Islamabad Police Inspector General Amir Zulfiqar Khan has directed to arrest and lodge a complaint against Golra police SHO Inspector Arshad Ali and Investigation Officer ASI Saqib Mehmood.

The matter came to light as a single member bench of the Islamabad High Court (IHC), comprising Chief Justice Athar Minallah heard a case of two juveniles detained by the Golra police for a fortnight.

SSP Malik Naeem appeared before the bench and submitted a report wherein he conceded that the two minors had been taken into custody by ASI Mehmood and kept in illegal detention for around 14 days in a bid to force their elder brother Sajjad — wanted by the Golra police in a robbery case — to surrender. “The minors are not involved in any criminal activity,” read the court’s order.

It added that neither ASI Mehmood nor Inspector Arshad could “explain as to why the two minors were abducted and then kept in illegal detention for a considerable period”.

The court order added that the two officers tendered an unconditional apology for keeping the children in illegal detention.

“Prime Minister Imran Khan is going to police stations of Punjab but he does not know what is going on at police stations of the federal capital. The Islamabad Police has embarrassed the PM,” remarked IHC Chief Justice Athar Minallah during Monday’s hearing.

“The elder brother is accused of theft, why you are picking the minors? What is the purpose of picking the minors?” asked Justice Athar Minallah from the superintendent of police of the area concerned who was present in the court. The bench asked SP Malik Naeem what law justifies confining children for an alleged crime of there brother.

Justice Athar Minallah reminded the SP that a former district and sessions judge of the federal capital was serving three years in jail due for illegally confining and torturing a minor girl and that the same sections could be implemented in this case as well.

“The court will pursue this matter until it is resolved,” he assured.

SP Malik Naeem said that the minors were not arrested. At this, Chief Justice Minallah stated that these policemen lie to their superior officers as well.

Meanwhile, in its written order, the bench noted that before coming to IHC, the mother of the two boys had approached the court of an additional sessions judge who had on May 18 directed a bailiff to visit the Golra police station to inquire about the missing children.

When the bailiff visited the police station, the investigation officer and the SHO failed to disclose the whereabouts of the two children.

“It is obvious that they deliberately deceived the bailiff, appointed by the competent court, by concealing the abduction of the children and keeping them in illegal detention,” noted the court in its order.

Further, it noted that the written statement submitted to the court was contrary to the statements given during the hearing.

“The acts and omissions of the in charge police station and the investigating officer, besides attracting various offences also attracts section 328-A of Pakistan Penal Code, 1960, that is cruelty to a child,” read the court order, adding, “It is ironic that the hierarchy of the Islamabad Capital Police Department failed to take action despite having become aware of the acts and conduct of the officials who were involved in abducting children and keeping them in illegal detention.”

“It astonishes that such blatant misuse of authority by police officials and violation of fundamental rights of a helpless mother and her two children has taken place in no other part of the country but the federal capital.” Chief Justice Minallah noted that the SSP had requested time to initiate action in the matter.

“Keeping in view the flagrant violation of fundamental rights of citizens and the conduct on part of the in charge police station and the investigating officer, the Inspector General of Police, Islamabad Capital Territory is directed to take appropriate action in accordance with the law and submit a report tomorrow,” the court ordered. The court further ordered the DIG to appear before the court on Tuesday with an affidavit and report of the IGP. Further, SSP Naeem, the police station SHO and the investigation officer were also directed to submit their affidavits.

Arrest of officers ordered

Following the court orders for the IGP to take action against the two officers, IGP Amir ordered to lodge a case and to arrest the two officers for illegally detaining minors and for failing to present them before a magistrate within the stipulated 24 hours.

Earlier on Monday, IGP Amir had ordered to suspend SHO Ali but later in the evening, he directed to arrest the SHO along with the investigation officer. 

Published in The Express Tribune, May 28^th, 2019.