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December 10, 2001 Monday Ramazan 24, 1422


PESHAWAR: Police officer files petition against DIG



Bureau Report


PESHAWAR, Dec 9: A senior police officer, Malik Saad, has filed a writ petition in the Peshawar High Court, challenging his nomination by the DIG Crimes Branch in panel of accused charged for killing a person in an alleged fake police encounter.

A division bench of the high court comprising Justice Tariq Pervaiz and Justice Abdur Rauf Laghmani took up for preliminary hearing the petition and directed the DIG Crimes Branch to authorize any responsible officer to appear before the court along with the relevant record.

Few days back the high court had directed the Crimes Branch to register an FIR against a DSP and three SHOs for killing a person in fake encounter.

The bench had exonerated Malik Saad, who was SSP Peshawar at the time of occurrence, of the charges on the ground that neither he had accompanied the raiding party which killed the person nor his presence in the place of occurrence could be proved.

Advocates Sattar Khan and Nusrat Yasmeen appeared for the petitioner and contended that the DIG Crimes Branch had acted on the basis of his mala fide intention and his ulterior motives could be judged from the fact that in sheer disregard to the order of the high court he nominated the petitioner in the panel of accused.

The petitioner, who is presently serving as director general of the Municipal and Development Department, Peshawar, had claimed that a dacoity had occurred in Gulbahar area on May 4, 2000, following which a person named Mohammad Ayub was arrested who claimed that their ring leader was Ali Haider.

He stated that a raiding party visited Buner to arrest Ali Haider, but he opened fire on the police party. During the exchange of firing he got killed.

Later on, mother of Ali Haider filed a writ petition for registration of an FIR against Malik Saad, DSP Gul Afzal and three SHOs.

The high court recently accepted her petition and directed that except Malik Saad FIR should be registered against the other four officials.

Malik Saad has claimed that he tried to get a copy of the FIR but he was informed that it was sealed. He added that then his counsel filed an application for getting the FIR, but that application was not entertained. He added that getting a copy of an FIR was legal right of every person.






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