PHC upholds FIR against policemen

The Peshawar High Court (PHC) has upheld the order to register a criminal case against three police officials accused of illegally detaining a citizen for 14 days, dismissing their writ petition and affirming the decision of the subordinate court.

A two-member bench comprising Justice Sahibzada Asadullah and Justice Inamullah Khan announced the reserved judgment, ruling that the lower court had acted within its lawful jurisdiction and committed no legal irregularity in directing the registration of the case.

The petition had been filed by SHO Rafiq Khan, Inspector Humayun, and Constable Usman, who sought to have the order for registration of an FIR against them set aside.

According to the written judgment, the three officials are accused of unlawfully detaining a citizen, Mian Amjad, for two weeks. Counsel for the complainant, Advocate Umar Khan Utmankhel, informed the court that a judicial bailiff had recovered Mian Amjad from a CNG filling station while he was still in handcuffs. Following the recovery, the Additional Sessions Judge, Peshawar, directed that an FIR be registered against the three police officials.

The policemen challenged the Justice of the Peace's order before the PHC, requesting that the FIR be quashed and the proceedings terminated. However, after hearing arguments from both sides, the PHC dismissed the petition, holding that there were no grounds to interfere with the subordinate court's lawful exercise of jurisdiction.