PESHAWAR, Dec 5: Addit-ional district and sessions judge Ahtesham Ali on Monday summoned two police officers accused of implicating some people in a fake case of gold theft. The court fixed Dec 15 as the next date of hearing and ordered that the officers, the SHO of Faqirabad police station, Jehanzeb Khan, and sub-inspector Saeedur Rehman should explain their position.

An application had been filed by Haji Mohammad under section 22-A of the Criminal Procedure Code, said that his brothers and nephews had been charged in a fake case by to police officials.

The chairman, Voice of Prisoners, Noor Alam Khan, appeared for the applicant and contended that earlier two of the relatives of the applicant had been kept in illegal detention by the SHO and were released on the order of the district and sessions judge, Shahjehan Khan Akhundzada.

He said that Mr Akhundzada had directed the provincial police officer (PPO) to take disciplinary action against Jehanzeb Khan who had registered a fake FIR against the family of the applicant.

An Afghan national, Abdullah Khan, had lodged a complaint with the Faqirabad police on Oct 29, stating that he had purchased 12 kg of gold in Peshawar and was taking it to Afghanistan in two bags in a cab. He alleged that four unidentified people picked the bags from the cab. Initially, the police did not register his FIR.

The brothers of the applicant, Haji Awal Khan and Khan Mohammad, and his nephew, Wali Marjan, were arrested and kept in illegal detention. When Haji Awal Khan was released after two days, he filed a habeas corpus petition before the district and sessions judge challenging the illegal detention of his brother and nephew.

On Nov 18, the two detainees were recovered by a bailiff of the court and were set free by the district and sessions judge.

Following their release the police registered an FIR on behalf of the Afghan national, Abdullah, on Nov 29 wherein the family was directly charged in the case.

The applicant, Haji Mohammad, contended that the said FIR was based on mala fide intentions as the SHO wanted to avenge his insult as he was found guilty of keeping the two people in illegal detention.

The applicant’s counsel contended that the complainant, Abdullah, was under pressure from the police as after the alleged occurrence he had not mentioned anywhere the names of the accused people. Moreover, he contended that the carrying of such a large quantity of gold to Afghanistan was an offence under the Customs Act. He asked as to why the police did not arrest the complainant as he had himself confessed that he was taking gold to Afghanistan.