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Arrested lawyer released, two policemen issued notices

By Our Staff Reporter 2017-12-25
KARACHI: A senior lawyer, who was arrested on Saturday night for misbehaving with policemen for stopping his vehicle near Seaview beach earlier this month, was released on bail by court on Sunday. Two police officials were issued showcause notices for committing illegality as the suspect was arrested at his home without any warrant and permission of a magistrate. Besides, the offence was non-cognizable, officials said.

Darakshan police SHO Aurangzeb Khattak told Dawn that on Dec 10 he along with his staff stopped a car during routine checking at the beach.

The car occupant, Advocate Khuwaja Shams-ulIslam, allegedly misbehaved with the police and `threatened them of dire consequences` for stopping him.

A video of the incident also went viral on social media.

The Darakshan police registered a case against the lawyer under Sections 186, 189, 504 and 506 of the Pakistan Penal Code on behalf of the state through the SHO and arrested him on late Saturday night.

The SHO claimed that the police arrested the lawyer `near his residence in Defence`.

DIG-South Azad Khan told Dawn that following the incident, an inquiry was ordered to find out whether the police had made any mistake while dealing with the issue.

The police said the incident occurred a day after the home department imposed a ban on car racing. The lawyer`s car also had a fancy number plate.

The suspect on Sunday was presented before a court, which granted him bail. He complained about `misbehaviour` by police in custody.

The court while pointing out that the incident occurred on Dec 10 and the FIR was registered on Dec 23 observed no plausible explanation had been provided by the police for such delay.

The judge asked as to why the police did not seek permission or arrest warrant from the magistrate as per law.

The court said that as per law the permission from judicial magistrate concerned was necessary in non-cognizable offences. Therefore, the police committed an `illegal act`.

Arrest of the suspect from his home without an arrest warrant was also `illegal act` of police.

The judge issued show-cause notices to the Darakshan SHO and SIP Waqar Azeem on account of illegal confinement and arrest.

The court ordered departmental action against the two of ficers.

A senior police officer, who wished not to be named, told Dawn that the police had committed a `mistake` by not invoking cognizable of fences in the FIR.