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DINA
DAWN - the Internet Edition


July 18, 2003 Friday Jumadi-ul-Awwal 17, 1424
Features


Death of accused in custody
Acquisition of wealth



Death of accused in custody


The policemen’s conscience seems to have been so benumbed that they take little notice of dangerous criminals and take no action against their own men who are found involved in crime. Of the hundreds of deaths of suspects during police investigation, action in not one case has been taken against the responsible officials.

It is perhaps the easiest thing for the police to get a certificate of death caused by heart disease, suicide or some similar reason. While laymen can see obvious signs of torture, ruptured organs, severe injuries and negligence of police officers on duty, doctors performing the postmortem invariably report “death through natural causes”.

Recently, a youth was killed in the custody of Saddar police station under mysterious circumstances while the police claimed that he committed suicide by firing at his temple.

As the story goes, one Khurram Shahzad (28), son of Talib Hussain, resident of Murree, district Rawalpindi, moved an application before SP Saddar that his cousin, Tahir Abbasi, son of Muhammad Ramzan, was killed by Aslam Javed on May 10 and that a case had been registered on the complaint of his cousin, Shafique, with the Secretariat police station of Islamabad. The Faisalabad police arrested accused Aslam Jawed and claimed that he committed suicide by firing at his temple although the accused was rounded up from his residence in Mohalla Chibban in the area of Sargodha Road police station.

The daily diary report No 13 of Saddar police station says: “an application had been received at 1:40 afternoon and as per orders of the SP Saddar on information of Muhammad Pervez Abbasi that accused Aslam Jawed was at that moment present in Chak 204-RB, a raid was conducted in company of Pervez Abbasi and the accused was arrested. The accused was told that he was wanted in a murder case by the Islamabad Secretariat police station. But the accused claimed that he was not Aslam Jawed. However, he was whisked away to the Saddar police station. As soon as the police team along with the accused person entered the room of the SHO, the accused Aslam all of sudden whipped out a 30-bore pistol from his possession and committed suicide by firing at his temple. He ended his life because of his arrest in a murder case. Accordingly the same has been declared in a case of suicide and the matter has been closed in terms of Section 174 of PPC”.

When contacted, the SSP Saddar refused to give any information about the incident and insisted that ASP Saddar circle was conducting an inquiry and that the fate of the same would be disclosed after the latter’s findings.

Insiders told this correspondent that Tahir Abbasi, who was allegedly killed by deceased Aslam Jawed, was a close relative of an ISI officer. SP Saddar was also reportedly inducted to the police from army quota being a captain. The local police have yet to fix responsibility on any police officer for what they claimed was suicide of a youth in their custody. Neither any judicial inquiry has so far been ordered, nor has any senior police officer ordered formal proceedings to trace the mysterious killing in police custody.

Senior police officers of the district refused to entertain any call from media-men in this regard claiming that SP Saddar was the responsible officer to be contacted. No action was taken against the SHO except that he was shifted from the police station to range crime office.

It is mandatory for police to conduct thorough search immediately after arrest of an accused even if he is involved in a minor offence. How is it possible that the police arrested a murder accused without his body search? How can an accused shoot himself with his own pistol in a police station?

The local police, however, claimed that an applicant in the early morning, most probably around about 8 or 9 am, appeared before SP Saddar with an application for the arrest of an accused reportedly moving in the area of Saddar police station.

The SP wrote down the following orders: “SHO Saddar, arrest the accused and immediately inform”. Immediately, the Saddar police not only constituted a police party for arrest of the accused, Aslam Jawed, but also succeeded in completing the operation. At the same time, the accused committed suicide in the presence of the SHO and his subordinates in a police station building.

The important question is, how could the police move on a simple application throwing all other tasks and official duties aside? The police proceedings contained loopholes as the arrest was made from Chak 204-RB within the limits of Saddar police station on the report that the accused was present there. How could a murder case accused remain present at a village where he had no hiding-place or links with anyone and wait for so many hours without any justification?

Secondly, the person who allegedly moved an application to SP Saddar for arrest of deceased Aslam Jawed also attached arrest warrants issued by a judicial magistrate of Islamabad, dated May 26, along with FIR of the murder case. The applicant claimed that the accused, Aslam, was seen in the Saddar police station area of Chak 204-RB and prayed for issue of orders to the SHO Saddar for his arrest.

Interestingly, in this arrest warrant, the address of accused Aslam has been mentioned as House No 286, Street No 20, Mohallah Chibban in the area of Sargodha Road police station and it has been issued on the request of the SHO Secretariat police station, Islamabad. According to Section 75 of the PPC, such warrants can only be effected and served by the police official for whom these have been forwarded and not by any private person.

Moreover, Islamabad being the capital was a separate territory and such warrants could only be routed through the Interior Ministry via the provincial home secretary to the police of the district. But in this case, all such formalities and codal requirements were overlooked by SP Saddar who issued orders to SHO Saddar for immediate arrest of accused Aslam.

Mother of Aslam Jawed blamed the police for torturing to death her son and asked President Pervez Musharraf to order registration of a murder case against the responsible police officials.

She claimed that the police raided the house of Aslam Jawed, situated in Street No 20 of Mohallah Chibban, and arrested him for his involvement in a murder case. The next day they were informed by the police that Aslam had committed suicide by firing at his temple. “Police claims about the arrest of Aslam from some village in the area of Saddar police station were false and some important facts were being hidden to save the skin of senior police officers of the district”, she alleged.

A startling aspect of the case is that the death of a person in police custody has been ignored as a routine matter. Even in a case of suicide, still action against the staff concerned for negligence of duty and slackness is called for.

Police high-ups and top government functionaries claim that the traditional methods of investigation like hanging the accused with ropes and beating with chittar and chains have been eliminated. But such incidents indicate that the Punjab police is sticking to the revolting culture of inflicting injuries on the human body for extracting confession.

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Acquisition of wealth


By A.S. Pingar

WEALTH is one of the dearest things to man. It is a source of enjoyment, security and prestige. It is an insurance against illness, accident and catastrophe. The Quran has, however, imposed certain restrictions on the pursuit of wealth. It does not give a blanket approval to such pursuits because love of wealth is likely to keep man away from the remembrance of Allah.

The Quran depicts man’s greediness in Sura Imran in these words: “Men are tempted by the lure of women and offspring, hoarded treasures of gold and silver, splendid horses, cattle and plantation. (In modern times it is the palatial houses, luxurious cars, industrial empire etc.) These are comforts of this life but far better is the return to God. Are you content with this life in preference to the life to come?”

Elsewhere in Sura Al-Qasas, the Quran mentions that “the things you have been given are but the provision and the gaudy show of this present life. Better is God’s reward and more lasting. Have you no sense to reason with.” Similarly, the Quran says “wealth and children are the ornaments of this life. But deeds of lasting merit are better rewarded by your Lord and hold for you a greater hope of salvation.” “Do not fall a prey to the allurement of this life and follow the appetite of those who give rein to their desires.”

Thus approval for the acquisition of wealth is reluctantly granted because of the apprehension that it may keep away men from the remembrance of God. The Quran also puts a limitation on the acquisition of wealth as it condemns niggardliness and hoarding and emphasizes continuous spending of wealth on the welfare of the poor and the needy. Acquisition and spending constitute two sides of a coin and therefore acquisition without spending is forbidden. The Quran repeatedly emphasizes that “you cannot attain to righteousness unless you spend out of what you love.” “Give generously for the cause of God...” and “be charitable. God loves the charitable” (Sura Baqra).

The rightful persons entitled to charity are nearest kinsfolks, orphans, destitute and the needy. Spending brings a good reward as the Quran says “who will grant God a generous loan?” He will repay him many times over.” At other place, Quran mentions “Whatever good thing you spend it will be paid back to you in full and you will not be wronged.” Therefore, acquisition of wealth without spending is not permissible when the purpose of acquisition namely to help the poor and the needy is defeated or not realised.

Similarly, the Quran puts a ban on the squandering of one’s wealth as such persons who do thus are the devils’ brethren. They are repeatedly warned to refrain from luxurious living. Lastly, the acquisition of wealth is permissible provided it is by fair and lawful means. Wealth acquired by fraudulent means such as cheating, deception, exorbitant profits, lottery, gambling, manipulation of market mechanism etc. is forbidden. Such wealth is considered haram. The prophet (PBUH) attached so much importance to this aspect that he asserted: “whoever defrauds us does not belong to us” meaning thereby that a swindler a cheat, by playing fraud on a member of society severs his relationship with the Muslim community though he may still claim to be a part of it.

Therefore the conditions and limitations set by the Quran in the acquisition of wealth do not permit man to earn it through forbidden means and do what he likes with his wealth. Unfortunately in the modern economic system based on market economy and demand and supply phenomena, man is free to exploit the situation and gain maximum advantage or profit at the expense of the suffering of the vast majority of people. Modern economists tend to say that their craft is about money, not about ethics or justice.

The expansion of economy in this system leads to building up of “capital”. The modern enterprising man is supposed to accumulate and multiply wealth not for purposes of his own happiness or salvation alone but for capital formation. Man thus becomes a cog in the vast economic machine. One works for profits sake and the profit one makes is to be invested for further gains. Thus an economic empire is built in this way which brings immense power and influence.

Where does this immense power, wealth and influence lead to? It may lead to expansion of national economy, trade and commerce and full employment as it is witnessed in Europe and America. But simultaneously it also creates byproducts for the pleasure-loving wealthy people such as gambling casinos, racecourses and evil entertainment centres etc. Thus it promotes vice and man degenerates and becomes devoid of morals.

The modern economic system and the Islamic values are poles apart in respect of means, objects and purposes. Under such a system, profits and economic growth are to be pursued irrespective of its moral aspects. It stands for earthly paradise. Islam puts restrictions on the ways of acquiring wealth and its spending. It holds man accountable for every penny that he spends.

The emphasis in Islam is on simple living and remembrance of God, day and night. The Quran says “And this world’s life is nothing but a play and idle sport. And certainly the abode of the hereafter is better for those who keep their duty. Do you not then understand?” The Quran adds further that the life to come holds a richer prize for you than the present life.

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