PESHAWAR, Sept 18: A division bench of the Peshawar High Court on Wednesday disposed of a writ petition against some high-ranking police officers after the police returned goods taken away from the petitioner’s residence.
The bench, comprising Justice Malik Hamid Saeed and Justice Abdur Rauf Lughmani, observed that the police had no right to raid private premises and take away household items without fulfilling legal requirements.
The court inquired from the Deputy Advocate-General, Tariq Jawed, who was representing the government, that under what authority the police raided a private premises and took away goods from there. The DAG replied that said goods had already been returned to the petitioner
The bench decided to dispose of the case, and directed the petitioner, Adil Khan, to avail other legal remedies if he had any objection about the quantity and quality of the returned goods.
Advocate Abdul lateef Afridi appeared for the petitioner and argued that even the comments filed by the police proved that they had conducted the illegal raid and taken away goods. The court observed that a procedure was given in section 87 and 88 of the Criminal Procedure Code under which a person could be declared a proclaimed offender and his properties could be attached.
A former SSP, Malik Saad, who is presently serving as director general of City Development and Municipal Department, along with other officers appeared before the court as they were summoned after the SHO of Pishtakhara police station had claimed during last hearing that the raid was conducted on the directives of the high-ups and the SSP was himself supervising the operation.
The SHO, Umer Farooq, had admitted before a division bench that he had no other option as if he had not obeyed orders of his high-ups he would have been suspended.
The petitioner, Adil Khan, a resident of Pishtakhara, had claimed that in a raid by the local police on April 27, 2000, they had taken away all the household goods, including TV set, refrigerator, jewellry, cash, sofa sets, airconditioners, etc.































