KARACHI, Jan 2: A sessions court on Wednesday summoned the SHO of the Darakhshan police station over the alleged wrongful detention of a factory manager in connection with the Shahzeb murder case.
On a directive of the court, a bailiff carried out a raid on Wednesday afternoon on the Darakhshan police station and found Masood-ul-Hasan detained there.
Police said that they had brought the detainee to question him in connection with the killing of Shahzeb Khan since owners of the factory were allegedly behind the murder.
The bailiff, Mohammad Arif, said that he along with the applicant and his counsel raided the police station and found the 64-year-old detainee there.
He added that there was no FIR against him and he was not formally arrested in any offence.
However, the SHO was quoted as saying that the police took him to the police station for interrogation as the factory owners were allegedly involved in the Shahzeb murder case and were still at large.
He further said that the SHO refused to release the detainee stating that he would decide about his release or arrest after completion of questioning. However, a court summons was served on the SHO about his appearance along with the relevant record before the district and sessions judge (south) on Thursday, the bailiff added.
Adnan Masood filed a habeas corpus application under Section 491 of the criminal procedure code submitting that his father was on Tuesday picked up from his office, located on M. T. Khan Road, by the police who detained him at the Darakhshan police station.
He contended that the victim had unlawfully been confined at the police station for the past 24 hours, as he was not wanted in any criminal case. He prayed to the court for his recovery.
The police are empowered to interrogate a person under Section 54 of the CrPC if he/she is concerned in any cognizable offence or a reasonable complaint or credible information is received. And if the police fail to collect any material, the detention becomes illegal. The police are also legally bound to produce him/her in court within 24 hours after the arrest.
After a preliminary hearing, District and Sessions Judge (south) Ahmed Saba directed the bailiff to carry out a raid on the information of the applicant and recover the detainee if found in wrongful confinement.
Shahzeb was gunned down on Dec 25 within the remit of the Darakhshan police station and the Chief Justice of Pakistan has taken suo motu notice in this case.
The apex court has directed the advocate-general for Sindh and the provincial police chief to appear in person on Jan 4.