February 11, 2002	Monday	Ziqa’ad 27, 1422

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PESHAWAR, Feb 10: After remaining in illegal detention for about five years, an Afghan refugee was finally released from central prison when a judicial magistrate visited the jail here on Saturday.

The victim of police and judicial indifference, Abdul Hamd, son of Sultan, was arrested by a sub-inspector of Gulbahar Police Station, Habib Shah, on the suspicion of being involved in a dacoity took place in Baghbanan Bazaar.

Abdul Hamd was arrested on April 27, 1997. After investigations, the police came to know that he was innocent and not involved in that offence. Under section 169 of the Criminal Procedure Code, if after investigation it appears to the officer-in-charge of the police station or the investigation officer that there is no sufficient evidence to justify the detention of an accused, the officer shall release him on his executing a bond, with or without sureties.

Moreover, the police officer has to submit the chargesheet in court under section 173 of the CrPC and the court would either discharge the accused or proceed with his trial.

In the instant case, the police did not comply with any of the two provisions of the CrPC and the innocent accused continued to rot in prison. Initially, the concerned magistrate continued extending his judicial remand, without looking into details of the case and later on, the formality of his production before the court was even not fulfilled.

On Saturday, Judicial Magistrate Azeemullah Mashwani visited the prison and when he came across his case, he acquitted him.