ISLAMABAD: The Islamabad High Court (IHC) on Friday dismissed the petition filed by ex-sub divisional police officer (SDPO) Chaudhry Abid Hussain seeking to quash the inquiry that imposed a major penalty on him over negligence in Farishta murder case.

The eight-year-old girl was raped and murdered in the suburbs of Islamabad that sparked protests and generated heated debate on social media.

Four police officials, including a former station house officer (SHO) and an investigation officer of Shahzad Town, were removed from service in connection with the abduction and murder case.

The officer was charged for negligence in the case

Since SDPO Hussain was a senior police officer, the inquiry recommended to impose a major penalty on him, but referred the matter to the interior ministry.

Hussain has challenged the findings of the inquiry report before the IHC. However, after preliminary hearing IHC acting chief justice Aamer Farooq dismissed his petition.

The petition gave a brief background of the case, according to which the incident took place in the area of Shahzad Town police station on May 16, while the station house officer did not lodge the FIR. Body of the deceased was recovered on May 19 and the culprit was arrested by the local police in June.

The petition, however, stated that secretary interior charge-sheeted Hussain for showing negligence and failing to “effectively supervise efforts to trace the missing girl”.

It said that the district magistrate assigned Dr Waseem, additional deputy commissioner general, as an inquiry officer. The inquiry report observed that SDPO Shahzad Town admitted to having knowledge of the fact that Farishta had gone missing.

“If the officer in-charge of police station was not willing to register an FIR, the SDPO Shahzad Town should have used powers vested in him under section 551 of Criminal Procedure Code (CrPC) to get the case registered,” the inquiry report states, adding that “thus, this court recommends that a major penalty shall be imposed on Mr Abid Hussain, then deputy superintendent of police”.

Hussain contended before the court that the inquiry officer was a public servant and he was expected to do everything as per law. He alleged that the inquiry conducted against him was illegal and arbitrary.

According to his petition, the observations of ADCG in the inquiry report were “uncalled for because the moment petitioner came to know about the said incident, he directed the SHO to register the case and to start investigation which fact is sufficient to declare that petitioner acted with due diligence.”

It said that the inquiry officer “transgressed his jurisdiction and did not try to observe that under what authority of law, he was conducting this inquiry.”

Subsequently, the petition requested the court to declare the inquiry illegal.

The court, however, dismissed the petition even without admitting it for regular hearing.

Published in Dawn, July 27th, 2019