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Detention after acquittal challenged

August 09, 2012

ISLAMABAD, Aug 8: Justice Riaz Ahmed Khan of Islamabad High Court (IHC) on Wednesday sought reply from the additional district magistrate of Islamabad by Friday on a petition filed against the detention of kidnapping suspects after their acquittal from the Anti-Terrorism Court (ATC).

Basharatullah Khan, the counsel for three suspects, Qari Abdul Malik, Sibghatullah Mawiya and Khurram Abbasi, told the court that the ATC judge, Ch Habibur Rehman on August 4 acquitted them in the case of kidnapping of inspector Rana Pervez and patwari Arshad Mehmood because the prosecution could not produce tangible evidence against them.

He said the Adiala jail authorities instead of releasing the three acquitted persons kept them detained in the jail because the same day additional district magistrate Islamabad had issued their detention order for a period of seven days.

The detention order being issued under Section 3 of Maintenance of Peace Ordinance (MPO) expressed apprehensions of the reunion of the acquitted persons with the proscribed organisation, adding that the release of the suspects would put the peace of federal capital at stake.

Advocate Khan contended that additional district magistrate was not authorised to issue such detention order as a competent court after examining the evidence has acquitted the suspects.

He expressed the possibility that the acquitted suspects would become missing persons if the court did not intervene into this matter.

Justice Khan remarked that it was next to impossible as the court had taken notice of this matter. He directed the additional district magistrate to submit reply and adjourned the hearing till Friday.

As per detail of the case, Inspector Pervez and patwari Mehmood had gone missing from Tarnol on December 3, 2010.

According to the investigation, the kidnappers wanted to kidnap a property dealer Rana Sadique, a brother of Pervez, for ransom. The kidnappers set up an appointment with him on the pretext of wanting to buy property.

However, Sadique could not make it to the appointed meeting and instead sent inspector Pervez. Pervez asked the ‘prospective buyers’ to meet him at his house, in sector G-8/4 from where they all left together to see the property in Tarnol.

On the way, they also picked up the patwari. No one has since seen the inspector or the patwari.

On December 20, 2010, three suspects were picked up when they arrived at Chungi No26, to collect the ransom that the patwari’s family had agreed to pay.