KARACHI: The Sindh High Court on Wednesday suspended till Sept 24 the operation of an FIR lodged against residents of the Defence Housing Authority (DHA) for protesting at the office of the Cantonment Board Clifton (CBC).

A two-judge bench headed by Justice Mohammad Iqbal Kalhoro directed the investigating officer of the case to continue the investigation and submit a report on the next hearing.

The bench observed that the IO had failed to justify applicability of Section 147 (rioting) and 148 (rioting armed with deadly weapon) of the Pakistan Penal Code on the facts disclosed in the FIR as these were the only cognizable offences.

It added that police had no authority to lodge an FIR without following a procedure provided in Sections 155 and 156 of the criminal procedure code (CrPC).

SHC orders suspension of DSP for failing to arrest CTD officer Khattab in a missing person’s case

A woman along with others, nominated in the FIR, approached the SHC against the police over alleged harassment stating that the case had been registered against them for staging a peaceful demonstration at the CBC’s office on Aug 31 against the flooding during recent torrential rains.

IGP told to suspend DSP

Another division bench headed by Justice Nazar Akbar on Wednesday ordered action against an IO for his failure to arrest an officer of the Counter Terrorism Department (CTD) nominated in a missing person’s case.

The court directed the inspector general of police and SSP (investigation) to immediately suspend the IO, DSP Yousuf Jamal, and initiate disciplinary proceedings against him.

A brother of Nadeem Patel, said to be an accused who allegedly facilitated those who attacked Karachi airport and was released on bail in 2017, moved the SHC seeking whereabouts of his brother.

It further said the IO contended that he had sent a letter to the CTD chief to seek permission to record the statement of CTD official Raja Umar Khattab, who was nominated in the FIR, but his reply was awaited and on a repeated query of the bench he disclosed that the statement of the nominated official was recorded under Section 161 of CrPC on Sept 2.

The bench questioned the authenticity of the statement and observed that the official in question was nominated in the FIR and he had not obtained bail and the IO failed to explain why he did not arrest the official when he came to record his statement.

It further observed that the IO treated the nominated official as a witness and recorded his statement for which he failed to give any explanation.

“With this kind of investigation we cannot assure the complainant that any justice could be done by the police even after registration of the FIR”, it added.

The bench warned that if the new IO also failed to investigate this case in accordance with law, he will also meet the same fate and directed the IG and SSP for compliance of its order against the present IO.

The bench observed that the IO had been attempting to misguide it by submitting that the missing person was involved in several criminal cases and he was trying to obtain certified copies of the documents, adding that the responsibility of police was not to prove a missing person a hardened criminal and if the person in question was a criminal, then police must arrest him and produce him in court.

Published in Dawn, September 10th, 2020