After illegally arrested minors return home, IHC disposes of case

Cops who were arrested for detaining the minors secure bail

ISLAMABAD: The Islamabad High Court (IHC) on Tuesday disposed of a petition, regarding the illegal arrest of two minor boys by the Golra police in lieu of their wanted brother, after the police officers involved were punished and the boys were released.

On Tuesday, the two cops also secured bail from a district court.

During Tuesday’s hearing, a single bench of the IHC comprising Chief Justice Athar Minallah asked the petitioners whether their children, a 12-year-old and a 14-year-old, had reached home or not.

The court was told that they had.

Chief Justice Minallah went on to ask how will the police change such a culture, adding that it was the responsibility of the police to conduct fair investigations.

During the hearing, Islamabad Police Operations DIG Dr Waqaruddin Syed appeared before the bench and submitted a report. He told the court that they have registered a first information report (FIR) against the Golra police SHO Muhammad Arshad and investigation officer ASI Saqib Mahmood for illegally arresting the minors.

The accused have been arrested and inquiries have been initiated against them, he told the court.

Chief Justice Minallah observed that relatives, particularly children, of a suspected criminal should not be victimized during the investigation process.

Later, in its verdict, the court expressed its satisfaction over the swift action taken by Islamabad Police inspector general against the officers involved. It noted that the DIG operations will convey to all zonal SSPs down to moharrars and ensure personally that the system is institutionalised.

Moreover, it noted that Saddar Zone SP Malik Naeem has been issued an “explanation notice on account of his conduct and his failure to supervise officers under him, especially the DSP and the SHO.”

He was directed to submit a reply in this regard in three days.

Saddar Circle DSP Ghulam Baqir was also issued an explanation notice to submit a reply within three days.

The two officers of Golra police have been suspended and departmental proceedings have been initiated against them. Moreover, an FIR has also been lodged against them.

The court went on to state that the IGP could take action against the two officers under provisions outlined in the Police Order, 2002, which propose imprisonment for up to five years with fine for “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 vexatiously and unnecessarily seizes the property of any person or vexatiously and unnecessarily detains, searches or arrest any person or inflicts torture or violence to any person in his or her custody.”

It further noted that the federal government and the Islamabad chief commissioner were expected to fulfil their obligations under the law for ensuring the effective performance and accountability of the police force.

The court then disposed of the petition later by ordering an inquiry against the responsible police officials.

Aunt accuses officers of intimidation

After the court hearing, the aunt of the two children told the media that the police officers only brought the children to the lockups at night.

Taslima Bibi said that during the day, the boys were hidden during the day lest they are spotted by someone, but were then brought back to the jail cells at night.

She added that the police officers kept the two boys blindfolded and handcuffed. She further claimed that throughout the illegal detention of the two minors, they were also not fed properly and were allegedly beat them up.

During their two-week-long illegal confinement, Taslima said that the police officers kept inquiring from the two minors about the addresses of their relatives.

Owing to the police action, she said that the parents of both the children went to Lahore lest they were arrested as well.

She further claimed that the police officers had also attempted to intimidate her family by threatening to take them to the police station.

District court grants bail

On Tuesday, District and Sessions Court Judge Amir Khalil approved the bail after arrest of Golra SHO Arshad and Investigation Officer ASI Mahmood against surety bonds of Rs10,000 each.

WITH ADDITIONAL INPUT FROM IFTIKHAR CHAUDHRY

Published in The Express Tribune, May 29^th, 2019.