Islamabad: A three member bench headed by the Hon’ble Mr. Justice Iftikhar Muhammad Chaudhary, Chief Justice of Pakistan and comprising other two members namely Hon’ble Mr. Justice Khilji Arif Hussain and Hon’ble Mr.Justice Tariq Parvez heard CMA No. 1063 of 2012 in Constitution Petition No. 01 of 2012 (For production of Abductee Umar Muhammad Wali Khan). After hearing the counsel for the petitioners and respondents, the Bench passed the following order:-
“Under Article 9 of the Constitution of Islamic Republic of Pakistan, 1973 (hereinafter referred to as ‘the Constitution’), it is a fundamental right of every citizen of Pakistan that he shall not be deprived of life and liberty, save in accordance with law. The State of Pakistan, being guardian of its citizens, is bound to implement the constitutional provisions in letter and spirit, particularly fundamental rights, which are guaranteed by the Constitution. It is also an inalienable right of all the citizens that they should be dealt with in accordance with law following the mandate of due process of law, as enshrined in Article 10A of the Constitution.
2. Listed miscellaneous application arises in pursuance of a news item published in Daily Jang on 15.03.2012 to the effect that a young man of 24 years of age has been abducted in presence of his parents.
According to abductee’s father, the persons, who abducted his son, introduced themselves to be members of CID (a branch of police department). In view of the publication of said news item, the Inspector General of Police, Islamabad, was asked to submit a report by fax on 17.03.2012. In the meantime, abductee’s father through Mr. Tariq Asad, learned ASC, also approached this Court by filing Civil Miscellaneous Application No.1063 of 2012, notice whereof was issued to the Inspector General of Police, Islamabad, with direction to effect the recovery of the abductee and produced him before the Court.
The learned Attorney General for Pakistan was also put to notice mainly for the purposes of achieving the above object. Accordingly, the abductee reached his house in the evening of 16.03.2012. Although, the incident took place on 10.03.2012; daily Jang published the news on 15.03.2012; order in this behalf was passed on the same day; and subsequent thereto while taking of the listed petition, the directions were also repeated for doing the needful.
3. Today, Mr. Bani Amin Khan, Inspector General of Police, Islamabad, has appeared and submitted a report. For sake of convenience, the same is reproduced herein below:-
“Subject:- HRC NO. 9256-G/2012-APPLICATION: THE DAILY JANG DATED 15.03.2012 (REGARDING KIDNAPPING OF UMER MEHMOOD KHAN)
Kindly refer to your office HRC No. 9256-G/2012,dated 16.3.2012 on the subject noted above.
BRIEF FACTS OFTHECASE:
The Sr. Superintendent of Police, Islamabad has reported that Mr. Mehmood Alam Khan r/o 43-A Orchard Scheme Islamabad submitted an application to SHO PS Shahzad Town, Islamabad for registration of FIR relating to his son’s abduction. According to the complainant on 10.03.2012 about 1300 hrs his two sons named Umer and Adil went to the market for buying some food items. As they reached the service road of orchard scheme a few persons in civvies intercepted them. There was also a person in police uniform of Sub-Inspector who asked about their identity cards as well as checking of their vehicle. The sons of the complainant showed their identity cards and allowed them to check their vehicle. On the same day in the evening at about 1800 hours he along with his wife and two sons went out to orchard service road, they were intercepted by black Corolla car, yellow Cab Taxi bearing No. LHZ-6359, white bleno and two Toyota Hiluxes. These vehicles blocked their way and shifted his son Umer in a vehicle. His wife and other son Adil were also taken in another vehicle towards Faizabad. When he asked them, they informed that they are from the CID Department. They snatched his mobile phone having No.0346-5435489 Nokia) and pushed him out of the vehicle at Faizabad. His wife and younger son Adil were also dropped near the Faizabad. At about 2000 hours, he was contacted on another mobile No.0341-5342939 of Umer and was threatened not to follow them if he wants his son safe and secure.
ACTION TAKEN BY THE POLICE
The application of the complainant was entered in the daily diary of police station Shahzad Town, Islamabad vide report No.43 dated 10.03.2012 and IOof the case was dispatched to visit the crime scene. He prepared un-scaled map of the crime scene and conducted search of the area.
I) GEO FENCING OF THE CRIME SCENE:
A technical expert was dispatched to visit the crime scene and gather geo fencing data of cell phones. Last location of the umber 0346-5435489 was obtained informally which came at Faizul-Islam Murree Road Rawalpindi. Call record of all cell phones was obtained informally.
II) WIRELESS MESSAGE TO ALL ADJOINING DISTRICT:
Wireless message was passed to all adjoining districts regarding the disappearance of the abductee.
III) POLICE OFFICIAL DISPATCHED TO LAHORE:
A police official was dispatched to Lahore for obtaining the registration record of the yellow cab taxi number LHZ-6359.
IV) NAKA BANDI OF VEHICLES:
The particulars of the vehicles used in crime were notified to all check posts/pickets for nakabandi. Description of the suspects were relayed through wireless to all the adjoining districts.
Accordingly a case FIR No. 125 dated 15.3.2012 u/w 365/34 was registered at PS Shahzad Town, Islamabad. The abductee returned back to his home on 16.03.2012 in the evening due to hectic formal and informal efforts of police. The complainant was contacted to record the statement of the abductee who said that his son is in Murree and he will produce him before the Honourable Supreme Court of Pakistan, Islamabad on 19.3.2012. The investigation of the case is still underway and the case shall be finalized on merit, please.”
Assistant Inspector General of Police,
4. It is to be noted that in the news item, referred to hereinabove, at the initial stage, the name of CID (a branch of Police department) has been mentioned, but when we have inquired from the IGP, Islamabad about the efforts made by him, he stated that the abductee Umar Mehmood Wali Khan has been recovered due to his formal and informal efforts. On a Court query, he stated that “agencies had abducted the detenues” and that he made a request to his counterpart for helping him to trace out the abductee. When inquired that whether he contacted the Inspector General of Police, Punjab for this purpose, he stated that he contacted ISI and when he was asked to disclose who is involved in this case of abduction, he again replied that he contacted all three agencies i.e. ISI, MI and IB. This statement was reiterated by him in presence of the learned Attorney General for Pakistan. However, his stand is that as the FIR has been registered and the matter is being investigated, therefore, at this stage he is not in a position to finally ascertain the involvement of any of the agencies, named hereinabove.
5. We have pointed out to the IGP, Islamabad, that this is not for the first time rather time and again this Court has been making it clear that if any person is involved in any criminal activity against the Nation or the State, as the case may be, he should be dealt with strictly under the law by getting registered a case against him and without registration of a case, his detention would be illegal, as such, keeping the detenues Umar Mehmood Wali Khan in detention for a period of six days prima facie has no justification.
6. Umar Mehmood Wali Khan is present along with his father. When inquired that who had abducted and detained him, he stated that he is not in a position to disclose the name of the persons, however, stated that they had been interrogating him for a period of six days. In such state of affairs, we have to show great concern about the life and liberty of our citizens. At the cost of repeation again we are pointing out that if any one, whosoever he may be, is found involved in an offence against the State or Nation, he deserves no leniency or compromise and is required to be dealt with in terms of Article 10A of the Constitution, but simultaneously it is the duty of the State to protect the life and liberty of the citizens.
7. Undoubtedly, in the instant case, the detenues has been recovered on account of the efforts made by IGP, Islamabad, but the question arises that how long such exercise shall continue. Therefore, through learned Attorney General for Pakistan we communicate to the all concerned that if they are required to cause arrest or detention of any person, to be found involved in an offence against the State or Nation or in violation of any substantive law he should be dealt with in accordance with relevant provisions of law and no permission can be given for illegal detention of any one because we have to strictly follow the rule of law and the constitution.
8. As the detenues has been recovered, the learned Attorney General shall communicate this order to all concerned, as it has been noted hereinabove, and meanwhile the IGP, Islamabad, according to whom a case been registered, shall thoroughly examine the case and reach to the correct conclusion within a period of two weeks and submit report to the Registrar of this Court for our perusal in Chambers and thereafter, if need be, this case/application shall be fixed for further proceedings.
9. Mehmood Ahmed Khan, father of the abductee, has openly expressed his apprehension to the effect that may be he or his family would be arrested again. Suffice it to observe, he should not feel any such apprehension because if he or his son is found involved in any criminal activity, the law will take its own course, as we have already pointed out in the preceding paragraphs. Consequently, the listed miscellaneous application is disposed of.”
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