KARACHI: The Sindh High Court on Monday sent packing the acting inspector general of police (IGP) for not honouring its orders to produce teenage Dua Zehra, who had gone missing from her Karachi home and later surfaced in Punjab.
A two-judge bench comprising Justice Mohammad Iqbal Kalhoro and Justice Agha Faisal also directed the secretary of the establishment division to immediately look into the issue of inability of acting IG-Sindh Kamran Fazal to perform his duty and determine whether he was fit to hold a position of responsibility concerning with lives and liberty of citizens.
Observing that the acting IGP remained unwilling to perform his duty despite repeated orders, the SHC issued him a show-cause notice for defying its orders asking him to appear on the next hearing along with his sworn affidavit.
The bench also directed the authorities concerned to convey its directions to the new IGP to produce the missing girl before it on June 3.
SHC gives three days to new inspector general to produce ‘abducted’ girl; orders test to determine Nimra Kazmi’s age
On Monday, the acting IGP, Karachi police chief, DIG-CIA and other senior police officers as well as the advocate general and prosecutor general were present in court when it took the petition of Zua’s father for hearing.
The court had ordered them to ensure production of Dua Zehra on Monday, but they did not produce her and sought further time to trace out and recover her.
Informing the court of their efforts, they asked the judges to issue notices to DIG and SSP of Hazara division in order to recover the girl as the vehicle used to transport the girl was found in Mansehra.
The bench asked AG-Sindh Salman Talibuddin whether its jurisdiction was extended to the officers of Khyber Pakhtunkhwa. However, the AG remained unable to provide a cogent response.
The bench said that on the last hearing it had directed the interior secretary to ask all the relevant law enforcement agencies to extend cooperation to the Sindh police for the girl’s recovery.
The bench in its order said that fanciful explanation was provided for non-compliance and as per its tentative assessment the acting IGP remained unwilling to perform his duty despite repeated orders.
“In so far as his inability to perform his duty is concerned, we feel it’s prudent to defer the said issue for due consideration to the executive. The Secretary Establishment Division is directed to immediately look into this matter and form opinion, within a reasonable time, as to whether there ought to be an inquiry to determine whether Mr Kamran Fazal is fit to hold a position of responsibility concerned with the lives and liberty of citizens,” it added.
“The present role/charge of the IG Sindh may be assigned forthwith to an efficient officer, under advisement to this Court through the MIT-II, and the said officer shall be conveyed this Court’s directions to produce the missing child on the next date of hearing,” the court ruled.
The bench in its order recalled that on May 10 notices were issued to police with direction to produce the girl and on May 19, non-compliance of earlier order was noted and no reason was provided in this regard and the police officials said that SSP AVCC, entrusted with the task of recovery, was attending a conference on human trafficking in Islamabad instead of making any effort to recover the girl.
It said: “Thereafter, the IGP was directed to intervene and recover the girl and on May 24, the acting IG appeared in court and submitted a rather fanciful story as it was apparent that no serious effort had been extended, but the court exercised restraint and accepted the IG’s undertaking that the girl would be recovered and produced before the court on next hearing (May 30).”
Nimra sent to shelter home
The same bench directed the provincial authorities to conduct the medical examination of another teenage girl, Nimra Kazmi who was allegedly kidnapped from Karachi and later surfaced in Punjab, to determine her age.
In compliance of its last order, the police produced Nirmra and her alleged husband before the two-judge bench. The girl informed the bench that she had contracted marriage with Najeeb Shahrukh of her own free will and she was 18 year old.
However, the lawyer for the petitioner submitted that her birth certificate issued by the National Database and Registration Authority showed she was born in January 2008.
The girl asserted that she was ready to undergo a medical/ossification test to confirm her age.
“In the circumstances, with the consent, we send alleged abductee namely Nimra Kazmi to Panaha Shelter House with direction to the Sindh Government and IO to get her medically examined to determine her age,” the court order said.
The bench adjourned the hearing till June 2 with the direction to the authorities to produce the girl along with medical certificate.
Published in Dawn, May 31st, 2022
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