LAHORE – MIAN DAWOOD - A physical remand granted by a judicial magistrate in a dacoity case registered against a blind citizen has again questioned judicial system and progress of City Police, and proved that human rights violations are still on peak in the largest province of country.
The unprofessional conduct of the judicial magistrate and police surfaced on Friday when a Lahore High Court Justice Ali Baqar Najfi cancelled physical remand of a special citizen after declaring it illegal.
A citizen Nazir Ahmad filed a habeas corpus petition for recovery of his relative Hafiz Muhammad Naeem. Nazir said the Liaquatabad Police took his relative Hafiz Naeem from his house besides snatching valuables. He pleaded the court to recover the detainee from illegal custody of the police.
Following the court orders, Judicial Magistrate Mehr Muhammad Zafar Iqbal Sial appeared and tried to ‘clarify’ his position. The magistrate claimed that before granting remand, he had a fair look of the accused. Since the accused could see, therefore, the remand was granted, he further claimed.
However, Justice Najfi rejected the magistrate claims and observed remand orders were illegal as the accused was blind since birth.
Condemning the human violations by the police, the judge observed the case exposed the flaws in the system which ought to ensure a fair investigation.
The court cancelled the remand orders and confirmed ad-interim bail earlier granted to the accused Hafiz Muhammad Naeem. He would have to furnish a surety bond of Rs20,000 required to fulfill legal formalities.
Justice Ali Baqir Najfi also directed to forward a copy of the order to the DIG (Investigation) for ‘progress’ of his department.
“The instant case, which is a sheer violation of human rights, also shows the police have not stopped the practice of illegally incriminate the citizens in fake cases while some magistrates have also joined hands with black sheep of police department”, a female social worker, who is also disabled by legs said.
Voice Society, working for rehabilitation of special persons in Punjab, Vice President Shagufta Khanum said the government should take notice of such human violations of police against disabled people.
She praised the LHC decision canceling the physical remand of the blind. She said the chief minister should dismiss the police officials involved in registering the case against the blind. She also demanded to initiate disciplinary proceedings against the judicial magistrate.
BAIL GRANTED: The LHC on Friday granted protective bail to former Principal Secretary to Punjab Chief Minister Tauqeer Shah and Personal Staff Officer Talha Burki for being involved in a false intelligence report about murder of former LHC Chief Justice Khawaja Sharif.
Earlier, the court had granted bail to Special Branch Punjab Director Shahid Mahmood, and two others namely Muhammad Azam and Ijaz Ahmad in the same case.
Justice Ali Baqar Najfi directed the accused to submit a surety bond of Rs50,000 each to avail the bail and ordered the both accused to approach trail court.
Shah and Barki’s counsel Khawaja Harris contended before the court that the accused did not have any connection with the conspiracy but the Federal Investigation Agency (FIA) had registered a bogus case against them and others. He requested the court to grant bail to both accused.
The heard the arguments and granted them protective bail until August 30.
Earlier on Friday morning, Justice Muhammad Anwaarul Haq adjourned until Aug 30 the hearing of a petition filed by the both accused seeking directions to delete their names from the FIR registered in the bogus information leakage case. The court directed to place the report of the judicial commission constituted to probe the matter along the FIR on record.