ISLAMABAD-Islamabad High Court on Tuesday disposed of a petition seeking recovery of two children arrested by Golra police on May 13 in connection to a crime allegedly committed by their elder brother after they reached home.

A single bench of the Islamabad High Court comprising Chief Justice of Islamabad High Court Justice Athar Minallah conducted hearing of a petition filed by Chungi No.26 resident Tasleema Bibi who expected ‘fair and transparent investigations’ in an FIR registered against the SHO and Investigation Officer (IO).

During the hearing, Justice Athar asked from DIG (Operations) that what action had been taken so far in this regard. He told the court that the concerned SHO and IO had been arrested after registering cases against them.

Justice Athar noted in his written verdict, “This court is satisfied that Inspector General of Police, ICT has taken appropriate action against the officials who had allegedly abducted the two children and had kept them in illegal confinement for a considerable time.

It would be appropriate not to make any further observation, lest it may prejudice the right of fair trial of the accused before the competent Court.

Moreover, this Court records its appreciation for the timely action taken by the Inspector General of Police, Islamabad Capital Territory and other senior officers, which would definitely help in improving the culture of the Police Stations of Islamabad Capital Territory and make public functionaries more accountable for their acts and omissions, which affect the fundamental rights of the citizens.”

He added that it is further expected that fair and transparent investigations will be conducted pursuant to registration of FIR No.233/2019, dated 27.05.2019 against respondents No.2 and 3.

Justice Athar also stated, “It is noted that the Police Order, 2002 has become effective and operative in the Islamabad Capital Territory because the Local Governments established and elected under the Islamabad Capital Territory Local Government Act, 2015 have assumed their respective offices. Subsection (3) of Section 1 of the Police Order, 2002 has, therefore, taken effect and issuance of a notification in this regard has become a mere formality and a ministerial act. Consequently, Chapter XVII titled ‘Offences by and Punishments for Police Offers’ has also become operative.”

In this matter, Ali Sher and Hamza, who are nephews of the petitioner and stated to be 12 and 14 years old respectively, were allegedly abducted by Saqib Mahmood, Assistant Sub Inspector, on 13.05.2019 and were kept in illegal confinement.

The petitioner had also alleged that when she approached respondent no.2 i.e. the In-charge of Police Station, Golra, Islamabad namely, Muhammad Arshad, Inspector, the latter threatened that other family members would also be arrested unless the elder brother of the two children surrenders himself before the Investigating Officer.

According to the details, the petitioner has accused Assistant Sub Inspector Saqib of arresting Ali Sher and Hamza from her home in Chungi No.26, a suburb of Islamabad.

The Assistant Sub Inspector told the petitioner that he was taking her children into custody in connection with a criminal investigation in which their elder brother, Sajjad, is a suspect.

She said the ASI also arrested the petitioner’s landlord, and kept everyone in police lock-up. When the landlord was released the next day, he told the petitioner that the ASI had kept her children in miserable conditions.

The petitioner has asked the IHC for the children to be recovered from ASI Saqib’s custody, and to initiate criminal proceedings against him and the Golra station house officer.

During the hearing, the petitioner also alleged that the IO also took away a fridge from her home.

The petitioner’s counsel said that the children were illegally taken from the house and had been missing since. He said that the petitioner had approached the police hierarchy, to no avail.