Peshawar: Illegal detention: Court orders FIR against minister
PESHAWAR: A local court has ordered registration of an FIR against provincial social welfare minister Sitara Ayaz and two police officials over illegal detention of a female social welfare officer and registration of a false case against her.
It is learnt that additional district and sessions judge Altafur Rehman Khan directed the provincial inspector general of police, chief of Peshawar capital police and senior superintendent of police (investigation) Peshawar on Dec 19 to register an FIR against Ms Sitara, then SHO of East Cantonment police station Shaukat Ali and investigation officer Ashiq Mir Khan in the case.
The action came on the complaint of social welfare officer Tahira Naveed under Section 22-A of the Code of Criminal Procedure (CrPC), which empowers the court to order registration of FIR after police refuse to do so.
During the hearing into the complaint, the court observed that examination of the record and arguments of the complainant`s lawyer revealed that there was prima facie evidence that the three had committed cognizable offences but the local police had failed to book them.
When contacted, an East Cantonment police official said the court`s orders for registration of FIR had yet to be delivered to the police station.
He said once the orders were delivered to the police station, FIR would be registered against the three, including the minister.
Of late, the East Cantonment police arrested the complainant for sending threatening messages to the minister and registered an FIR against her on June 5, 2011 under Sections 506, 507, 189 of the Pakistan Penal Code and Section 7 of the Anti-Terrorism Act.
Later, the judge of the relevant Anti-Terrorist Court ordered police to remove the ATA`s Section 7 from the charge sheet, saying the said offence didn`t fall under it.
The complainant was later tried for the offence under Section 507 of the PPC dealing with criminal intimidation by an anonymous communication.
She had filed an application with the trial court under Section 249-A of the CrPC, which empowers the trial court to acquit an accused at any stage of the trial when apparently the evidence on record is not enough for his or her conviction. The trial court had accepted that application and acquitted Ms Tahira.
The lawyer for the complainant said she had never sent any text message via cellphone to the minister or her secretary but even if it was admitted for the sake of argument that she had, even then the two text messages, which had been brought on record, didn`t constitute any offence as their subject was neither threatening nor intimidating.
He said then SHO Shaukat Khan had registered the case against the client and that the investigation officer had investigated it with the sole intent of making her life worse than a hell, and that, too, only to please the minister.
He said the complainant was arrested, handcuffed and kept in illegal and wrongful confinement in a secret place by the accused in offences, which fell under Sections 182 (false information to cause public servant to use his lawful power to the injury of another person), Section 211 (false charges made with intention to injure any person), Section 345 and 346 (wrongful confinements) of the PPC.