HYDERABAD, Nov 29: A former SHO of Gambat town and a police constable were arrested on Monday under directives of the Sindh High Court's Hyderabad circuit bench on charges of abusing authority and illegally detaining four women and two minor children.

A special division bench of the court, comprising Justice Amir Hani Muslim and Justice Irfan Saadat Khan, had a day before issued non-bailable arrest warrants for the SHO Imdad Mallah and constable Talib Hussain who made three successive raids on the houses of petitioners, Dildar Hussain and Miandad.

The policemen were in the court when they were put under arrest by DPO of Hyderabad Munir Sheikh.

The petitioners had complained to the court that a team of Gambat police had picked up 10 of their relatives, including women and children and seized cattle and cash after raids on their houses in Sheedi Goth, Nasim Nagar on Nov 11.

The detainees were later recovered and produced in court by police.

Gambat police had raided the petitioners' houses under supervision of the SPO of Pir Jo Goth and failed to keep its record in Khairpur or Hyderabad.

The first raiding team picked up Ali Hassan, Baqar, Qaim and Daud alias Mauladad. SHO Imdad Mallah carried out the second raid and picked up Ms Gul Jan, Ms Sakina, Ms Zarina and Ms Saeeda and minor children Veer and Mubeen and took them away to Khairpur. The third raiding party took away livestock and household articles.

Khairpur DPO Khadim Rind had admitted in the court that the raids had been conducted and detainees had been taken away by police.

The court noted that according to Gambat DSP's investigation, initially an attempt was made to implicate Baqar, Qaim and Daud in a false case in Khairpur. The official had found them innocent and recommended deletion of their names from the FIR, said the court.

The court had asked the DPO of Khairpur during previous hearing to redress grievances of the petitioners and detainees and give them compensation.

However, the petitioners told the court on Monday that substantial part of their grievances had been redressed and they did not want further relief in terms of money.

The court refused to take lightly conduct of the then SHO Gambat Imdad Mallah who headed the raiding party and took away women from their house along with their babies although they were not involved in any crime.

The SHO did not put the women's arrest in the record and kept them in illegal detention in private houses for six days. He failed to give a plausible justification of his conduct and admitted in the court that he had committed a mistake.

They and other detainees were sent back to Hyderabad on Nov 17 after notices were issued to the police officials.

The court refused to accept it as a mistake and observed “why such police officer should remain in uniform. It was height of abuse of authority by a police officer which we can't lose sight of irrespective of the fact that elderly people have intervened and petitioners or detainees may have forgiven them. This is sheer misconduct which falls under Police Order in addition to offences under sections 220, 342, 392, 395 of the PPC.”

“Sir, please forgive us. We are family men,” said the police constable Talib Hussain. “Did you think the same for a minute when you took away others' children,” replied Justice Muslim.

He disagreed with the DPO Hyderabad's suggestion that the police officials should be sent to quarter guard.

The court directed Hyderabad DPO to register an FIR against the policemen at Nasim Nagar police station on behalf of the state and then put them under arrest. Investigation would be conducted by SPO of Qasimabad Sirajuddin Lashari, according to the court.

The actions of other members of the raiding teams also fall under cognisable offence but the petitioners and the court did not propose registration of FIR against them. The court, however, directed the RPO and DIG of Sukkur to initiate departmental proceedings against all police officials involved in the raids, including the SHO and constable.

The police officials should not be allowed to perform duties in Khairpur during the course of proceedings because they might influence them, the court said.

The departmental proceedings should be finished within the shortest possible time and its outcome should be communicated to the court, the court said.