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AIG summoned to explain non-compliance with SOPs in missing person`s case

By Our Staff Correspondent 2021-02-05
HYDERABAD: A division bench of Sindh High Court Hyderabad circuit on Thursday directed the additional IG of Hyderabad region to appear in person on Feb 23 `with complete written explanation from the respondent police ofñcers, including senior superintendent of police (SSP) Jamshoro, as to why they failed to follow instructions of the Sindh IGP regarding missing persons` The bench comprising Justice Nazar Akbar and Justice Khadim Hussain Tunio passed the order on a petition filed by Sartaj Noohani.

It took statements of the SSP, SHO and CIA official in charge of Jamshoro on record.

It noted that it was the fourth date of hearing and it appeared that the respondents, including the IGP, had failed to comply with requirements of the standard operating procedures (SOPs) issued by the Sindh police chief himself.

The court reproduced allSOPsin theorder and fixed the matter for hearing on Feb 23.It directed that a copy of the order be sent to the AIG Hyderabad and additional advocate general (AAG).

`This utter failure of the respondent police officers to follow standing orders of the Sindh IGP compels us to issue appropriate directions. Therefore, before taking any action, we issue notice to the additional IG with directives to be present in the court on the next date of hearing with complete written explanation from respondent police officers as to why they failed to follow instructions of the Sindh IGP,` read the order.

The petitioner was represented by Advocate Irfan Ahmed Rahujo.

The court noted that the IGP vide his letter dated Oct 2, 2013 had directed the respondentstoobserve the SOPsfor the recovery of missing person(s) as soon as they would come to know that a person has gone missing.

As per the SOPs, an FIR is to be registered on receipt of information about a crime; the SHO concerned shall respond to the situation and contact the aggrieved family. He shall immediatelyregister an FIR of the incident. In case of unavailability of complainant, the relevant DSP shall get the FIR registered on behalf of the state without wasting any time. The FIR shall contain details of all available information pertaining to the incident.

Other steps included preparation of memo of inspection and recording of statement.

Sartaj Noohani had cited secretary defence, Sindh home secretary, director general of Pakistan Rangers, IGP, Hyderabad DIG, Jamshoro SSP and others as respondents in his petition pertaining to disappearance of his brother, Sarwaich Noohani.

He said his brother and his father were employees in the Bureau of Curriculum, Jamshoro. He said that for the last three years, the petitioner`s family had been facing harassment by the personnel of Jamshoro police and other law enforcement agencies (LEAs).

He stated that his brother never involved himself in criminal activities.

In 2015, a `false` FIR (No. 401/15) under Sections 6/7 of the Anti-Terrorism Act 1997 and Sections 435, 123-A of thePakistan Penal Code was registered at the Kotri police station against Sarwaich, but a trial court later acquitte d him.

He said his relatives belonged to the Sindh United Party (SUP) and they had no nexus with criminal activity but Jamshoro police were harassing them.

He said some law enforcers had picked up Sarwaich in March 2017 and confined him at an unknown place and later set him free.

He stated in his petition that on Nov 8, 2017, the petitioner and other family members were present at home when at 2am a strong contingent of police entered theirhouse andinquired about Sarwaich. On Nov 9, 2020, he and other family members were present at home when the Jamshoro CIA centre incharge along with a strong contingent of police and LEAs entered the petitioner`s house and harassed the inmates.

They took away Sarwaich without informing them about any case against him.

He asked the court to direct the respondents to recover Sarwaich and produce him in court.