Court issues notices to SHO Aabpara, other respondents

Daniyal Aziz review petition

Islamabad - The Islamabad High Court Wednesday issued notices to Station House Officer Aabpara and another in a petition of Pakistan Muslim League (PML-N) leader and Member National Assembly Daniyal Aziz and two others challenging an order of a district court for registration of case against them for allegedly torturing an employee of the Gun & Country Club Islamabad.

A single bench of Islamabad High Court comprising Justice Mohsin Akhtar Kayani conducted hearing of the petition and directed the SHO Aabpara and another respondent Yasir Javed to submit their reply in this matter.

In their petition, Daniyal being the administrator of the club, along with the Secretary Ather Rauf Bhatti and Manager Nauman Afzaal had challenged the order of an Additional Sessions Judge dated January 25.

The petitioners cited the judge, Station House Officer (SHO) Aabpara police station and one Yasir Javaid a terminated employee of the club as respondents.

They adopted in the petition that Javaid at the time of his employment with the club was ‘involved in serious illegal activities damaging to the state, of which the Club administration is apprised and is collecting information to hand over to the relevant State authorities’. 

Dnaiyal and others stated the respondent caused disrepute to the club and petitioners by provoking and inciting industrial unrest among employees through “illegal strikes” which are ongoing but the strikes were challenged before the National Industrial Relation Commission (NIRC) and the NIRC ordered on January 12 to call off the strikes.

However, they said that the union is refusing to call off strike till Javaid is reinstated and the petitioners resign. 

They added that Javaid moved an application to the police for registration of FIR against the petitioners on January 8 and claimed therein that he was repeatedly punched and kicked while physically restrained and sustained numerous blows to his head.

But, the police official at the Aabpara police station stated that there was “no sufficient grounds for entering on an investigation.” 

Later, Javaid filed an application under section 22-A of the Criminal Procedure Code, 1898, and the judge ordered the police to register and FIR.

The petitioners claimed that the impugned order made no reference to evidence, facts and law and failed to consider the record placed before the court.

Therefore, they prayed to the Islamabad High Court to declare the January 25 order of the court as illegal and set aside it.

 

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