Court declares detention of five acquitted men under MPO unlawful
PERWEEN RAHMAN CASE
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Karachi: Sindh High Court (SHC) declared illegal Sindh Police’s detention of five men acquitted of Perween Rahman’s murder, under Maintenance of Public Order (MPO) Ordinance, 1960.
SHC heard petition filed by detained man, Muhammad Imran Swati. Secretary Home Ministry, Inspector General of Sindh Police Ghulam Nabi Memon and other officials attended hearing.
Petition stated that petitioner was acquitted in murder case by SHC as prosecution could not prove any charges against him and other co-defendants.
Sindh home department on December 1 issued notification to detain him (Imran Swati) and other co-accused for 90 days under MPO despite his acquittal. Detention under MPO declared unlawful
Applicant’s attorney argued that detention under MPO was against merit and unlawful. Notification was issued over speculations and rumours, he added.
Assistant Advocate General Sindh Sindh argued that notification was not issued under media pressure or any foul intentions. Court declared notification of detention of five men under MPO, unlawful.
Court questioned Inspector General of Police Sindh on basis of what evidence police detained five men despite their acquittal on November 21.
IGP Sindh responded they took action on two different intelligence reports from Intelligence Bureau and Special Branch.
Court ordered government attorney to present any evidence or criminal record of five men. Court expressed displeasure at how police declared someone criminal without any record.
Justice Karim Khan Agha remarked that they were not satisfied with departmental inquiry by police and that they had reprimanded police for lousy investigations many times.
Memon requested court to give them one more chance. However, court said they should take action against police over botched investigation, adding that SSP, DIG and IG have not presented any substantive evidence for holding men in custody for 90 days under MPO. “Enough is enough,” remarked Justice Karim Khan Agha asking Advocate General Sindh to suggest what action should be taken against police officers.
Court ordered him to present valid reason for invoking MPO, rejecting government attorney’s suggestion to form commission to investigate issue.
“Certified target killers have been released in past, have they been detained afterwards?” court questioned Home Secretary.
Published in The Daily National Courier, December, 13 2022
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