PHC seeks update in minister's abduction

Says FIR limits court's role to investigation directions

PESHAWAR:

Once an FIR is registered in a criminal incident, the court's jurisdiction becomes limited and it can only issue directions concerning the investigation, Peshawar High Court (PHC) Justice Ijaz Anwar observed on Wednesday while hearing a writ petition related to the alleged abduction of Khyber-Pakhtunkhwa Provincial Minister Fazal Shakoor.

A two-member bench comprising Justice Ijaz Anwar and Justice Kamran Hayat Mian Khel heard the case. The petition was filed by the minister's brother, Anwar Ali.

Counsel for the petitioner, Advocate Bashir Wazir, informed the court that on Monday the provincial minister was abducted in broad daylight from a motorway interchange. He pointed out that police, excise and other departmental checkpoints stood on the opposite side of the road and personnel present there merely watched the incident unfold.

The lawyer further stated that the Khyber-Pakhtunkhwa, Inspector General of Police, had been summoned by the Speaker during the provincial assembly session but remained absent. Justice Ijaz Anwar remarked that this reflected a weakness of the provincial government.

Advocate Bashir Wazir told the bench that Fazal Shakoor has been a member of the provincial assembly since 2013. Armed men in plain clothes opened fire on the tyres of the minister's vehicle. Reacting to the account, Justice Ijaz Anwar asked: "Who are these people? What was the police doing?"

The judge then inquired from Additional Advocate General Bilal Khalil whether an FIR had been registered. Upon receiving an affirmative reply, Justice Anwar observed that once the FIR stood registered, the court's scope was restricted. "Tell us if the abductee is somewhere; we can send someone," he said.

Counsel for the petitioner argued that the manner of the firing was unprecedented, stating it had not been witnessed even in Palestine. He questioned how the police could protect ordinary citizens if they failed to safeguard a provincial minister. He urged the court to summon senior police officers and demand an account of the investigation conducted in the two days since the incident, warning that a wave of abductions had begun in the province.

Additional Advocate General Bilal Khalil submitted that in view of the recurring incidents the government desired a judicial inquiry. Justice Ijaz Anwar replied that the court would examine the matter if the provincial government formally requested it.