Is govt ‘facilitating’ abductors, asks Justice Isa

KARACHI:

The Supreme Court on Friday sought an explanation from the Sindh prosecutor general – directing him to appear at the next hearing – on an appeal filed by the prosecution against the registration of an FIR in a missing person case.

A bench, comprising Justice Qazi Faez Isa and Justice Yahya Afridi, was hearing the prosecution's appeal at the top court’s Karachi Registry.

Justice Isa, while expressing his anger at Sindh Prosecutor General Faiz H Shah, remarked that was the government facilitating those who were taking away citizens.

“Stop violating the Constitution and law … [they] have been turned into a joke. Is this a police state?” he added.

The prosecutor general replied that this was not the case to which Justice Isa told him that the government was a “facilitator”.

Justice Afridi remarked that it was unfortunate that the State had approached the court for the registration of an FIR.

Justice Isa remarked that was it your job to protect the accused. “Are you an SHO who will decide to register an FIR or not?”

Muhammad Iqbal Patel, whose brother, Muhammad Nadeem Patel, is the missing person in the case, told the court that his sibling was abducted by Counter-Terrorism Department (CTD) In-charge Raja Umar Khattab.

Read More: Body of missing person found in North Waziristan

“The Sindh High Court has already ordered the registration of an FIR against him [Khattab],” he added.

Justice Isa asked the prosecutor general as to in what capacity was he filing the appeal.

"Is Raja Umar Khattab so powerful that he is running your institution?" he added.

The judge added that why did you need to file an appeal instead of Khattab himself.

“Since when did you get the authority of an SHO?”

Justice Afridi remarked that at least give the right to include the name of kidnapper.

“If the FIR is registered incorrectly, you have a right [to file an appeal] against the plaintiff,” he added.

The prosecutor general said if an FIR had already been registered, then the government had no objection.

Justice Isa noted that by registering an FIR, did the plaintiff give a favour to anyone.  “This is you are responsibility. Under what law did you make this decision?”

The court sought a clarification from the Sindh prosecutor general on filing an appeal and asked him to reappear on Monday.