PESHAWAR: An anti-terrorism court (ATC) here on Saturday started proceedings against an investigation officer (IO) of police under the Anti Terrorism Act for implicating 11 persons in a terrorism case, which was earlier declared untraced by the police as no evidence was available for tracing the suspects.

ATC judge Syed Asghar Ali Shah issued a notice to IO Inspector Mohammad Zaman of Srokalay police station, Charsadda, asking him to explain why he should not be prosecuted for abuse of power and dishonest investigation in the case.

The judge inquired from the IO how he had named the accused persons when admittedly prior to his posting no one was named and suspected of the alleged offence.

The court in its detailed order observed that the IO was found with no reply as neither any statement of any person was available nor any circumstantial evidence collected before naming the accused persons.

The case was registered at Srokalay police station on June 9, 2013 following a blast. It was registered under Section 7 of the ATA, Section 3 and 4 of the Explosive Substance Act and Section 427 of Pakistan Penal Code.

The judge took notice of the issue after the IO submitted charge-sheet of the case, requesting the court for starting proceedings against Abrar Khan and 10 other suspects in absentia underSection 512 of the CrPC as according to him they had been avoiding arrest.

The court gave two weeks to the public prosecutor to have a brief from the SSP (investigation) on the subject and explain whether further proceedings in the case could be held, and fixed April 12 for next hearing.

The judge ordered that a separate file be opened by bringing copy of this order sheet for proceedings under Section 27 of ATA against Inspector Zaman. Under the said section the ATC is empowered to punish a delinquent police officer if it comes to the conclusion that he has failed to carry out investigation properly or has failed to pursue the case properly.

The judge observed that before the posting of the present IO there were a number of case diaries of other police officers who had not succeeded in tracing any accused. He added that Inspector Zaman took over investigation on Oct 28, 2013 and recorded three case diaries accusing none and expressing his opinion that the charge-sheet was forwarded to SHO as untraced. The case was later filed, as untraced, through an order of the ATC on Dec 26, 2013.

The court observed that on Feb 24 the IO named 11 accused persons for the alleged offence and submitted the charge-sheet for proceedings under Section 512 of the CrPC against them.

`It is pertinent to observe that a citizen may be made accused only if there is evidence against him or he is charged by someone specifically for an occurrence. If no one is charged and no evidence is collected to suspect his involvement, accusing a citizen or later on his arrest will amount to abuse of power,` the court ruled.