PESHAWAR, Sept 25: The district and sessions judge has directed the police not to register an FIR against two of their officials accused of torturing a person in custody, as they have entered into a compromise with the victim.
The court had on Sept 10 directed the senior superintendent of police (operations) to register an FIR against the SHO of the Chamkani police station, Said Wahab, and Assistant Sub-Inspector Safdar Khan within 15 days.
The officials had tendered an apology to the victim, Amanullah Khan, and his father, Gula Jan, and paid them Rs30,000 as compensation.
The police officials, instead of taking action against those responsible, were reportedly trying to arrange a patch-up between the victim and them.
District and sessions judge Hayat Ali Shah had observed that the officials had committed a crime according to Section 327-k of Pakistan Penal Code.
The court had also directed the SSP investigation) to investigate the case himself or depute any other gazetted officer for the purpose.
The police tried to pressure the victim and his father by registering fake cases against Gula Jan, but when they did not accept the demands, the officials requested to the family for a compromise and offered compensation.
It is learnt that the victim belongs to a poor Afghan family, that has sold its belongings during the last two months, since the victim was implicated in a false case and arrested.
Advocate Hameedullah Bangash represented the victim and said he had sent appeals to the Afghan consulate and human rights organizations, seeking protection for Amanullah Jan him but none of them helped him.
He said he was disappointed with the outcome of the case and had decided not to contest any habeas corpus case as the police was very powerful in the present setup and the victims could rarely get relief.
“The poor family had shifted from the Chamkani area due to the fear of police and was hiding in Nasirbagh. They had no other option but to compromise with the police,” Mr Bangash said.
He said whenever FIRs were registered against police, the superior courts suspended the orders of the lower courts and the cases lingered on for years.
The judge had ordered a medical examination of the detainee and a judicial inquiry by the area magistrate on July 9 after a habeas corpus petition was filed by Gula Jan on July 8.
The medical examination and inquiry had confirmed that the victim had been severely tortured by the police.
After the filing of the habeas corpus petition, the police showed the arrest of the detainee in a theft case.
