PESHAWAR, Sept 10: District and sessions judge Hayat Ali Shah on Wednesday ordered registration of an FIR against two police officers for torturing a person.
The judge directed the senior superintendent of police (operations) to register the case against an inspector of Chamkani police station, Said Wahab, and assistant sub-inspector Safdar Khan, and directed him to report about compliance with the order within 15 days.
The court directed the SSP (investigation) to investigate the matter or depute some other gazetted officer for the purpose.
“According to the record, cogniscible offence within the meaning of Section 337(k) of Pakistan Penal Code seems to have been made,” the court observed.
The medical examination report and a judicial inquiry conducted by the area magistrate had confirmed that a detainee, Amanullah Khan, was severely tortured by the police officials.
The district and sessions judge had ordered the medical examination of the detainee and the inquiry on July 9, after a habeas corpus petition was filed by the victim’s father, Gula Jan, on July 8.
After the filing of the petition, the police showed the arrest of the detainee in a theft case.
The court observed that the inquiry revealed that there were 10 injury marks on the body of the detainee and there was blood in his urine. The police claimed that the detainee fell on a railway track while trying to escape.
The court turned down the plea and observed that even if he had fallen on the track, it was the responsibility of the police to provide him treatment.
Advocate Hamidullah Bangash represented the detainee and contended that the police had no legal right to torture a person.
He stated that first Amanullah Khan was kept in illegal detention allegedly for extorting money and then he was severely tortured.
He said the police were pressuring Gula Jan to withdraw the petition and two concocted cases had been registered against him.
Causing injury to extort confession is a crime under Section 337(k) of the PPC and is punishable by up to 10 years imprisonment.
The police, meanwhile, have registered two cases against the petitioner, dated July 7 and July 8. In both the cases, the police have shown his arrest.