ISLAMABAD: The Islamabad High Court (IHC) on Wednesday warned the police of initiating contempt of court proceedings against the investigating officers (IOs) for causing delay in disposal of cases.

Expressing displeasure over lethargy of Islamabad police in producing record, IHC Justice Tariq Mehmood Jahangiri said it hindered timely release of the under trial prisoners (UTPs).

The IHC judge accepting the petition seeking post arrest bail of an accused imposed Rs50,000 fine on the Sub Division Police Officer (SDPO) and SHO Ramna for not submitting the record against the UTP.

Justice Jahangiri was hearing the bail petition of Mohammad Noman Khan facing fraud case registered against him on June 1 for not returning the rented car.

It has been alleged that the accused took a car from a showroom for two days but did not return it.

Rs50,000 fine imposed on SDPO, SHO Ramna for not submitting record against under-trial prisoner

Petitioner contended that he was innocent and had been implicated in this case with mala fide intentions; he has no concern with the alleged offence and no direct or indirect evidence was available against him.

State counsel opposed the bail petition and argued that the accused has committed a heinous crime and sufficient evidence is available on record which connects him with the commission of alleged offence adding that the accused was also involved in other cases of similar nature, hence he is not entitled to bail after arrest.

The court noted that the complainant – showroom’s owner - had handed over a car to the accused but he could not produce any evidence which could prove that the complainant was the owner of the car.

Investigating officer stated that there was no evidence against the petitioner except for the statement of the complainant.

The petition for bail after arrest was fixed for arguments on Dec 3, but investigating officer did not produce record of the case before the court, so the case was adjourned for Dec 12.

Justice Jahangiri after examining the record granted the post arrest bail to the accused on Wednesday observing that had the investigating officer produced the record on Dec 3, the petitioner would have been granted bail on the same day.

The court directed SP Saddar Zone to conduct an inquiry and fix the responsibility for delay in production of the record.

“Though there is no compensation for the incarceration of two days in prison but the concerned SDPO and SHO are directed to pay Rs50,000 as a token of compensation / fine to the accused / petitioner when he is released from the jail,” ordered the judge.

The court directed to send the copy of the order to the Inspector General of Police, Islamabad and warned “in future if the record is not produced before this court, strict action against the investigating officer concerned and their supervisory officers will be taken which may also entail contempt of court proceedings.”

Published in Dawn, December 9th, 2021