Judge orders investigation after ‘wrong’ man sent to jail

Updated January 05, 2020

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A model court in Rawalpindi has directed the police to submit a report after a lawyer pointed out that the wrong man had been sent to jail in connection with a narcotics case. — Creative Commons/File
A model court in Rawalpindi has directed the police to submit a report after a lawyer pointed out that the wrong man had been sent to jail in connection with a narcotics case. — Creative Commons/File

RAWALPINDI: A model court in Rawalpindi has directed the police to submit a report after a lawyer pointed out that the wrong man had been sent to jail in connection with a narcotics case.

The model court convicted Mohammad Adnan under section 9-B of the Control of Narcotics Substances (CNS) Act for carrying 550 gram hashish and sentenced him to three months’ imprisonment.

However, during subsequent hearing of another identical case, the court was informed by lawyer Mohammad Ishfaq Malik that the man sent to jail was Kashif Alishaw.

Mr Malik was the counsel for Azhar Siddiq, an accused in an identical case registered by the same police on Nov 29, 2019. The FIR against Kashif was also registered with the same police the same day.

The lawyer said the police arrested both the accused together but charged Azhar Siddiq under 9-C of the CNS Act which was punishable with death penalty while the other man was booked under 9-B in which the court jailed him for three months.

He surprised everyone in the courtroom by claiming that the man convicted under section 9-B was not Adnan but someone else.

The lawyer was apparently trying to establish the negligence of the police.

When the convict was produced before the court, he said his name was Kashif Alishaw.

The prosecutor claimed that the name of the accused was mentioned in the challan on the basis of information he provided to the police.

But Advocate Malik argued that it was the duty of the police to investigate the name and address of the accused before filing the challan.

The court directed the police to probe the matter and submit a report and adjourned further hearing to Jan 10.

Published in Dawn, January 5th, 2020