KARACHI, July 29: The district and session judge, East, Mohammad Sadiq Bhatti, ordered on Friday the registration of case against SHO of Sohrab Goth for keeping former Orangi Town nazim in illegal detention and for disobeying the lawful directions of judicial magistrate.
The order to this effect was issued by the court on a habeas corpus petition filed on July 20 by Dr Shakir Alam, brother of former nazim Mohammad Shahid Alam alias Guddu Bihari who was not released by the police despite being recovered by a judicial magistrate during a raid on a police kiosk near Sohrab Goth.
Judge Bhatti directed Judicial Magistrate Ahsan Khan Durrani to lodge the FIR against SHO Inspector Jameel Bangush and Sub-inspector Muzaffar Ali Dehraj with the Town Police Officer of Gadap Town. The judge ordered that the TPO would register a case against them on the written report of the judicial magistrate.
The judge also ordered that the investigation of the case would be conducted by a gazetted and honest police officer with the rank of DSP and investigation report should be submitted to the court within three weeks after receiving the order of the court.
He also ordered that the copy of the FIR be sent to the court immediately after lodging of it.
“Order of this court should also be sent to the DIG Investigation, Karachi, who would look into the matter personally and would also send a report to this court within three weeks”, the judge further ordered.
On July 20, the judge had deputed JM Durrani for recovery of former nazim from the police kiosk on the application of Dr Shakir Alam. The magistrate did recover Guddu Bihari from the police post, however, the police declined to release him.
In his report to the judge, Judcial Magistrate Mohammed Ehsan Khan Durrani sought strict legal action against the SHO and other police officials posted at the police post for not releasing Guddu Bihari.
In his report, the magistrate submitted that he checked the record of the police post, but no entry regarding the detention of Guddu Bihari was available on the station diary. He also submitted that both SHO and the post in charge stated that the detainee was not involved in any crime.
The JM stated that in spite of his direction, SHO Jamil Bungash declined to release the detainee. Besides, he refused to give a copy of roznamcha to the magistrate.
In his five-page order the judge observed: “I have perused the said entry which is of dated 20-5-2005 and not of 20-7-2005. From the perusal of the said entry, I am of the view that the police have arranged all these documents after the raid of the magistrate to save themselves from their illegal action.”
Judge Bhatti further remarked: “In view of the report of the learned judicial magistrate, I am of the view that the above act of both police officials amounts to commission of offences punishable under Section 342, 186 and 220 PPC. Let a case, therefore, be registered by the learned judicial magistrate against Inspector Jameel Bangush and SI Muzaffar Ali Dehraj.”
Section 220 of the PPC involves seven-year rigorous imprisonment, Section 342 one-year term and Section 186 involves three-month RI.
