Abuse of powers: Court ignores JM, orders reinvestigation

Petitioner accuses police of robbing, harassing her and her husband.


Express December 22, 2010

KARACHI: Unimpressed by police counterclaims that dubbed the petitioner and her husband as having “doubtful characters”, a division bench of the Sindh High Court set aside an order passed by a Judicial Magistrate (JM) on Wednesday and directed the SP Investigations (South) to reinvestigate a case of alleged abuse of powers by the police.

The petitioner, Lubna, who is a hairdresser by profession, in her FIR alleged that on May 1, she and her husband were robbed and harassed by the police. She had gone to a restaurant for breakfast along with her husband and maid when a police team led by SI Ali Hassan snatched their cell phones, abused them and took them to the Darakshan police station, she maintains. They were again insulted and her husband was kept in jail. He was released later after they paid Rs20,000, she submits.

As the police did not register their complaint and FIR, she moved the SHC which ordered the registration of an FIR which was lodged under section 386/342/354 at PS Darakshan.

The case was sent for trial before Judicial Magistrate (South) who, on a report by investigation officer Darakshan SHO, ordered to treat the FIR as C class (condemned class or case with insufficient proof).

The petitioner questioned the order by JM South and on Wednesday, the bench, comprising Justice Gulzar Ahmed and Justice Imam Bux Baloch, set it aside and remanded the case back to the District and Sessions Court.

While disposing of the petition, the bench directed SP Investigations (South) to reinvestigate and make a report.

Published in The Express Tribune, December 23rd, 2010.

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