ISLAMABAD
Islamabad High Court (IHC) has declared police arrest without legal process as kidnapping besides ordering to take action against the police officials found involved therein.
The court issued order in the matter of kidnapping of woman and minor children from Lahore and Bahawalpur.
The court dismissed the case registered by police against Muhammad Waqas, Aleem Suhail, Sana Suhail, and Arham Waqas..
A financial dispute of former Chief Executive Officer (CEO) PIA Musharraf Rasool took place with citizens Muhammad Waqas and Aleem Suhail .
Justice Mohsin Akhtar Kayani issued written order on petitions filed by Muhammad Waqas, Aleem Suhail and wife Sana Sohail seeking the quashing of the case registered against them.
The court maintained as per DIG report show cause notices have been issued to the police officials involved in the matter. If process is misused and justice is compromised then it is set principle such proceedings must be declared null and void. The court further maintained the Supreme Court (SC) has settled that if the base of FIR is illegal then all the proceedings must be set aside. SC too settled it the scope for declaring the criminal proceedings null and void is limited. The court should exercise it in extraordinary situation.
In the written decision the court ordered IG Police to initiate proceedings against police officials involved in fake police encounter. Order was given to impose Rs 1 lac fine each on police men involved in the alleged fake police encounter.
According to decision the Islamabad police will pay the fined amount to the plaintiff Sana Sohail as compensation. The vehicles , cash and jewelry taken from woman be returned to her.
The court ordered Lahore Police to hold investigation against the accused involved in kidnapping of woman and children on merit. The court ordered IG Police Islamabad to implement the decision and present report thereof within 30 days.
It is pertinent to mention here the case was registered in police station Tarnol of Islamabad under No 653/25.
