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Court orders FIR against two police officers

January 04, 2013

ISLAMABAD, Jan 4: An additional district and sessions judge on Friday ordered the police to register an FIR against two senior police officers for flouting the orders of the Islamabad High Court.

However, the police officers - SSP Islamabad Yasin Farooq and DSP Rashid Niaz - challenged the order in IHC.

Rana Saeedullah, through his counsel Raja Rizwan Abbasi, in his application to the ASJ Raja Khuram Ali Khan had sought action against the police officers for continuing with the investigation in a cheque dishonour case even after the IHC had suspended the probe a couple of weeks back.

According to the application, in 2010 Mr Saeedullah sold 100 kanals to Raheel Khan in village Mehara Baghwal near Bhara Kahu for over Rs90 million.

After making some advance payment, Khan gave Saeedullah a cheque for Rs70 million which was bounced from the bank. In the meantime, Khan got possession of the land and sold it to different parties, he added.

Saeedullah then registered an FIR against Khan on April 30, 2011.

However, as the proceeding started in the court of a judicial magistrate, the investigation could not be completed because the accused was absconding.

After issuing repeated warrants for his arrest, the court attached the property of the accused.

In 2012, Khan approached police authorities and managed to get the investigation of the case transferred from an assistant superintendent of police (ASP) Margalla to DSP Rashid Niazi in December 2012.

However, Saeedullah challenged the transfer of the investigation in the IHC where Chief Justice Iqbal Hameedur Rehman on December 14, 2012, ordered the police to suspend the investigation.

On Friday, advocate Abbasi told ASJ Raja Khurram that soon after the IHC suspended the investigation the order was communicated to Inspector General of Police Bani Amin Khan and the SSP, Yaisn Farooq.

He said despite the directions from the high court, DSP Niazi continued the investigation and exonerated the accused from the case.

He said the SSP had hurriedly approved the investigation report and sent it to the judicial magistrate, he added.

The two police officers, on the other hand, challenged the order for registration of an FIR against them in the IHC through their counsel Khurram Qureshi. A single bench would take up the matter on Monday.

SSP Farooq told Dawn that the investigation was entrusted to DSP Niazi on December 10 when there was no restraining order from any court. He said the DSP had completed the investigation before issuance of the restraining order by the IHC.

According to him, after December 14 when the IHC had suspended the investigation, the SHO concerned was responsible for maintaining the status quo but he submitted the report to the judicial magistrate.

He pointed out some flaws in the earlier investigation and said Mr Saeedullah was not the owner of 100 kanals.

The land belonged to some villagers which Mr Saeedullah sold to Khan and after receiving the advance payment did not transfer the land to the buyer.