The Islamabad High Court (IHC) Friday declared that arrests of people by the police without fulfilling legal process as kidnapping.
The IHC issued a written order in a case regarding the illegal arrest of woman along with minor girls from Lahore and Bahawalpur by the Islamabad Police in former CEO PIA Musharraf Rasool’s transaction dispute with citizens Muhammad Waqas and Aleem Sohail.
It said that according to the DIG’s report, show cause notices have been issued to the police officials involved in illegal arrests. If there is misuse of process and tampering with justice, it is a settled principle that the FIR will be null and void, the court said.
It said that the Supreme Court has decided that if the basis of the FIR is illegal, then the entire action should be terminated. The Supreme Court also decided that the scope of declaring the criminal action null and void is limited and the court should be used in exceptional circumstances, the order said.
The court also dismissed the FIR against Muhammad Waqas, Aleem Sohail and his wife Sana Sohail.A 16-page written judgment was issued by Justice Mohsin Akhtar Kayani of the Islamabad High Court.
The order said that the IG Islamabad was ordered to take legal action and also impose fine to the officials involved in the alleged fake police encounter. Islamabad police officials will pay the fine amount to the plaintiff Sana Sohail as compensation.
The judgment said that the vehicles, cash and jewelry brought with the woman should also be returned. It said that the Lahore Police should investigate the accused on merit in the case of kidnapping of the woman and children. The IG Islamabad should implement the judgment and submit a report within 30 days, it said.