The Sindh High Court (SHC) on Monday struck down the detention of five men acquitted in the Perween Rahman murder case, declaring the Sindh Home Department’s notification to detain them under the Maintenence of Public Order Ordinance “illegal”.

In March 2013, 56-year-old Rahman was gunned down near her office in Orangi Town. A Karachi anti-terrorism court in December 2021 awarded life imprisonment to four of the accused while the fifth was sentenced to seven years in prison.

Last month, the SHC acquitted all the suspects in the murder case citing a lack of evidence, and ordered their release. However, on December 1, the Sindh government decided to detain all the acquitted men saying that they posed an “imminent threat” to the family of the deceased.

A two-judge bench headed by Justice Karim Khan Agha presided over a hearing today on a petition by Imran Swati, the fifth man accused in the case.

Home Secretary Dr Saeed Ahmad Mangnejo, Sindh Prosecutor General Faiz H Shah and Sindh Inspector General of Police (IGP) Ghulam Nabi Memon appeared in court.

According to the court order, a copy of which is available with Dawn.com, the SHC struck down the Dec 1 order and also “made clear that the police shall continue to provide full protection and security to Ms Aqeela [Ismail] and other members of OPP (Orangi Pilot Project) as is their lawful duty.”

‘Who ordered the detention’

During the hearing today, the court grilled IGP Memon over the detention of the acquitted persons.

The judges asked him why the imprisoned men were not released when the court had issued orders in this regard on November 21.

The court also questioned the IGP on whose report did the detention take place and what was the evidence for it.

Here, the police official replied that there was an intelligence report pertaining to the matter and a request submitted by Aquila Ismail — Rahman’s sister — on which the police were still working.

To that, the court asked him about what evidence he would present and provided him with one and a half hours.

The judges then asked the government’s lawyer if there was any criminal record against the acquitted men, questioning that if there was no record then why were they named as dangerous criminals.

At one point during the hearing, Justice Agha said: “Enough is enough. A sorry won’t be tolerated anymore,” adding that Imran Swati — one of the five men acquitted in the case — had been behind bars for seven years.

“I’m saying it again. Enough is enough,” he reiterated.

‘Court will only look at evidence’

Meanwhile, the government lawyer submitted the intelligence reports to the court as the police contended that Ismail was provided security due to potential threats.

However, the court stopped the government lawyer from assisting the police officer. “You can’t do anything. Don’t put your words in the SSP’s (senior superintendent of police) mouth,” Justice Agha said.

Subsequently, the judges called IGP Memon to the rostrum again and asked him to who the two reports belonged.

Here, the police chief said, “one is from the intelligence bureau and the other is from the special branch”.

The court asked Memon that the police provided security so how did he realise that potential threats existed to Ismail to which he replied that there were indications on social media.

To that, Justice Agha said that the court “did not care about the media”.

“We will only look at the evidence and law. Everything will happen within the ambits of the law.”

The judge also asked if anyone can be detained for three months without any evidence. “Tell me honestly why did you detain them?”

In his response, IGP Memon said, “Sir we have no interest. I’m telling you honestly. I assure you that no malpractice took place.”

The provincial police chief added that further investigation needed to be carried out in the case.

“Why is there a need for an investigation? Forget them. They have been acquitted,” Justice Agha said, adding that he did not trust the police chief.

“Believe it or not, that is your prerogative,” the IGP replied. “Sir there are reports from the special branch,” he added.

However, Justice Agha said, “leave these reports, there is nothing in them,” and then asked: “Who has the command and control of the special branch? It is a simple question. Tell me.”

IGP Memon responded that the special branch fell under his domain.

The court then called the home secretary to the rostrum and asked him why the detainment order was issued.

Dr Saeed Ahmed Mangnejo said the order was issued based on reports.

The court questioned him that the accused were in jail and did not go to Orangi Town so how did he conclude that they would kill Ismail.

Justice Agha asked the home secretary if he could understand the judge’s English language. “Yes I do understand it,” Dr Mangnejo replied.

The judge then observed that this was not the first time that the home secretary issued orders to detain people. “This has happened before twice,” he said. “You people keep fighting such disputes.”

Dr Mangnejo said he had reviewed the material sent to him for six days. “I issued the detainment order after reviewing all the case material.”

The court, subsequently, gave time to the provincial additional advocate general (AAG) to consult with the Sindh government and adjourned the hearing for a break.

‘Notification issued by govt against merit’

When the proceedings resumed, the AAG informed the court that all the accused persons were given an opportunity to defend themselves.

“The petitioner did not challenge the MPO’s law,” the AAG said. “There is no pressure from the media to detain the acquitted men.”

He further said that intelligence reports were not always in a complete form and maintained that the detention notice was issued correctly.

Meanwhile, the petitioner’s counsel, Advocate Mehmood A Qureshi said: “The notification is against merit,” adding that “it was issued only on the basis of assumptions and rumours.”

He added that the detention notification was against Articles 4, 9, and 10 of the Constitution.

The murder

Rahman, who was heading the OPP and had devoted her life to the development of impoverished neighbourhoods, was gunned down near her office in Orangi Town on March 13, 2013.

Initially, a case for her murder was registered under Sections 302 (premeditated murder) and 34 (common intention) of the Pakistan Penal Code at the Pirabad police station.

Later, Section 7 (punishment for acts of terrorism) of the Anti-Terrorism Act, 1997, was added to the first information report on the basis of a judicial inquiry conducted by then-district and sessions judge (west) Ghulam Mustafa Memon on the orders of the Supreme Court.

In March 2021, the ATC was told that Rahman had identified and named “land grabbers and extortionists” for trying to illegally occupy the land of the OPP’s office in an interview recorded around 15 months before she was allegedly killed by the same group.

In the interview, Rahman had called Raheem Swati a “land grabber and extortionist” and stated that the latter wanted to illegally occupy the land of the OPP’s office, the charge sheet had stated.