Peshawar: Fake encounter Police barred
PESHAWAR: The Peshawar High Court (PHC) on Wednesday restrained the police from registering first information report against cops and summoned record of the killing of four persons in an encounter. The order was issued by a division bench of the court comprising Justice Shah Jehan Khan and Justice Yahya Afridi.
A local court on June 30, issued orders for registering first information report against 11 police officials including station house officer, sub-inspector and nine constables in a petition filed by a man seeking action against the police for killing his son 10th grade student along with three other persons in a fake encounter dubbing them as robbers.
The additional district and sessions’ judge, Fakhar Zaman Khan, ordered Pishtakhara police to register FIR against Fazal Wahid Khan, the then station house officer Pishtakhara police station and presently SHO at Badaber, sub-inspector Saiful Mulk and nine other constables.
The judge also ordered formation of joint investigation team comprising Military Intelligence (MI), Federal Investigation Agency and police personnel to conduct inquiry in both the first registered FIR and second to be registered on the court orders.
He stated in the judgment that it was revealed from the post-mortem report of Osama Khan that his body was burnt and had had been tortured to death. The court after passing the directives disposed of the proceedings under Section 22-A of the Code of Criminal Procedure.
The PHC Chief Justice Ejaz Afzal Khan took suo moto notice of the issue after receiving an application from the petitioner, Attaullah Khan, father of the teenager, Osama Khan. The chief justice converted his application into a petition under Section 22-A of the Code of Criminal Procedure and referred the same to the Peshawar district and sessions judge, Ziauddin Khattak.
The police officials challenged the subordinate court’s decision in the high court. After preliminary hearing of the petition, the bench suspended the subordinate court decision and summoned record of the case.
The police had claimed after the incident that the four robbers including Osama had entered the house of Ms Parveen Akhter in Umeedabad area. Apart from Osama Khan, two other killed suspects were identified as Hazratullah and Alamzeb, whereas the fourth one could not be identified. While Osama’s father, Attaullah Khan, alleged that the deceased was not a robber who was captured somewhere else and then killed after severe torture.