Illegal arrest of Malik Bari

The SC directed SSP Islamabad to expedite investigations into the case of Malik Bari.


Qaiser Zulfiqar September 09, 2010

ISLAMABAD: The Supreme Court of Pakistan on Wednesday directed Tahir Alam Khan, the Senior Superintendent Police (SSP) Islamabad, to expedite investigations into the case of Malik Tabaruk Hussain, known as Malik Bari, a rival of Malik Riaz, a real estate tycoon.

An apex court bench, headed by Chief Justice Iftikhar Muhammad Chaudhry, issued the order while hearing the suo motu case of illegal arrest of Malik Bari.

“If this challan is disposed of, then you will be responsible because it will be dismissed if you don’t complete your investigation,” Justice Chaudhry remarked while addressing SSP Khan.

The SSP informed the bench that Bari wanted to nominate the IG Islamabad in this case, while the Islamabad chief commissioner and IG had helped the Sindh police in Bari’s arrest at a request from the Sindh home department. “However, we have recorded their statements. And after registering an FIR we have arrested Sub Inspector Aneel of the Karachi police,” he said.

Aneel managed to get bail but the Islamabad police approached the high court for the cancellation of his bail. “And we have submitted the challan in the court,” he said.

“Why are you making haste in this case? You want to protect the real culprit,” Justice Chaudhry observed.

The SSP informed the court that the parties fought on the Islamabad district court premises but later managed to settle the issue through an agreement.

However, an FIR was registered against Malik Bari and his men for opening fire on another party.

“It’s unfortunate that my client was attacked and the FIR was also registered against us despite the fact that Malik Bari was hospitalised,” Syed Ehtasham Qadir, counsel for Bari, pleaded before the court.

Ehtasham further pleaded that Malik Riaz used his influence and got his client’s name put on the Exit Control List (ECL). Not only that, he also forced Bari to sign a reconciliation agreement.

“My client did not take money from them for the reconciliation,” he said. “Our gunman was killed during the episode and now we want the police to register an FIR,” Bari’s attorney pleaded.

Ehtasham also pleaded before the bench that his client was stopped by the police from appearing before the Supreme Court. To this, SSP Khan submitted that Bari was stopped on a couple of occasions because 40-45 armed men wanted to accompany him to the court.

“No one is above the law and the constitution. We will send you again to Karachi and cancel your bail,” the chief justice observed addressing Bari’s attorney.

Later, the case was adjourned for three weeks.

Published in The Express Tribune, September 9th, 2010.

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