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IHC orders action against policemen for abducting two minor siblings

By Malik Asad 2019-05-28
ISLAMABAD: The Islamabad High Court (IHC) on Monday directed police authorities to take action against the station house office (SHO) and an assistant sub-inspector (ASI) of Golra police station under Pakistan Penal Code (PPC) that may result a minimum one year imprisonment for abducting two minor children and keeping them in illegal detention.

IHC Chief Justice Athar Minallah while hearing a petition of Tasleema Bibi, whose two minor children were abducted by ASI Saqib Mehmood, observed: `The acts and omissions of the incharge police station and the investigating of ficer besides attracting various offences also attracts section 328 A of Pakistan Penal Code 1960 cruelty to a child.

Under the section, the punishment `shall not be less than one year and may extend up to three years.

Justice Minallah noted: `It is ironic that the hierarchy of the capital police department failed to take action despite knowing the acts and conduct of the officials.

`It is astonishing that such blatant misuse of authority by police officials and violation of fundamental rights of a helpless mother and her two children has taken place in no other part of the country but the federal capital.

Justice Minallah directed the inspector general of police (IGP) to take appropriate action in accordance with the law and submit a report on Tuesday.

The woman alleged that the ASI arrested her sons Ali Sher, 13, and Hamza, 14, f rom her house in Chungi 26 on May 13.

The ASI told her that he was taking the children into custody in connection with an investigation related to a crime in which her elder son Sajjad was allegedly involved.

During the hearing of the matter, the petitioner told the court that the police had released her two minor children who reached home on Monday morning.

Superintendent of Police (SP) Naeem concededbefore the court that the minors were taken into custody by ASI Mehmood.

The court observed: `Admittedly, the minors were taken into custody and kept in illegal detention for a considerable time in order to force their brother to surrender. The minors are not involved in any criminal activity.

When Justice Minallah sought an explanation from SHO Arshad Ali and the investigation officer, they could not explain as to why the two minors were abducted and then kept in illegal detention.

The police officers tendered unconditional apology for keeping the children in illegal detention.

The court noted that the children`s mother had earlier filed a petition under Section 491 of the Code of Criminal Procedure 1898 and the additional sessions judge Islamabad (West) on May 18 appointed a bailiff to inspect the police station.

When the bailiff visited the police station, neitherthe investigating of ficer nor the incharge police station informed him about the abduction and illegal detention of the two children.

`It is obvious that they had deliberately deceived the bailiff by concealing the abduction of the children and keeping them in illegal detention. Moreover, the written report submitted is also contrary to the statements made before this court.

The IHC chief justice regretted that the mother had been running from pillar to post but the incharge of the police station and the investigating of ficer appeared to have tormented her by refusing to release the illegally detained children.

`An of ficer of the rank of deputy inspector general is directed to appear before this court tomorrow, [Tuesday] at 10:30am with an affidavit and report of the inspector general of police.

The court also directed the SP and the two police officials to submit their affidavits.