ISLAMABAD: The capital police have decided to appeal the Islamabad High Court (IHC) directive to register an FIR against Central Intelligence Agency’s former station chief and his legal adviser.

IGP Tahir Alam Khan confirmed that he would be filing an appeal in court against the orders.

On Tuesday, IHC Judge Shaukat Aziz Siddiqui issued the directive in response to a contempt petition filed by a Fata resident, Abdul Kareem, whose son Zahinullah and brother Asif Iqbal were killed in a drone attack in North Waziristan on December 31, 2009.

Read: IHC orders registration of FIR against former CIA station chief

The IHC directed the police to submit a compliance report before the court after registering the case.

Sources said IGP Tahir Alam Khan has decided to contact concerned officials of the interior ministry for advice.

The police also approached the prosecution department and sought legal opinion over the directives. Initially, it was suggested by the department that the police could approach the political agent in North Waziristan or file an appeal.

Later, it was decided to file an intra-court appeal against the directive and the IGP was assisted by the prosecution department for preparation of a draft of the appeal. It is expected to be submitted within a few days.

According to a police official, requesting anonymity, the draft states that the crime took place in Fata which is beyond the jurisdiction of the capital police.

A police prosecution department official, on the condition of anonymity, said the intra-court appeal was being filed against the order to register the case. He said last year the court ordered police to proceed in accordance with law and in response the police approached the Fata secretary and submitted relevant documents with him so he could take action.

However, no action was taken, he said, adding that the concerned authority for registering the case was the North Waziristan political agent.

According to the IHC order, IGP Tahir Alam Khan sent the report to the concerned authority - Secretary Fata. However, the counsel for the petitioner pleaded that the SHO his client approached was required to register the FIR.

The order added: “I am fully convinced that the order dated June 5, 2014 whereby direction was issued to the SHO to proceed in accordance with law meant to incorporate the information under section 154 CrPC and thereafter law was to take its own course.”

The order notes that police officials face limitations due to the sensitivity of the matter and the consequences they may suffer.

However, it states, no one is above the law and if any person allegedly commits an offence, he is to be dealt with in accordance with law as guaranteed by Article 4 of the Constitution of Islamic Republic of Pakistan.

Published in Dawn, April 9th, 2015

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