KARACHI: The Sindh High Court on Monday struck down a detention order of the provincial authorities for the five men acquitted in the murder case of rights activist Perween Rahman.

A two-judge bench headed by Justice Mohammad Karim Khan Agha directed police to keep providing full protection and security to Aquila Ismail, a sister of Ms Rahman and complainant of the case, and other members of Orangi Pilot Project (OPP).

The bench came down hard on Home Secretary Saeed Ahmed Mangnejo, Sindh Inspector General of Police Ghulam Nabi Memon, SSP-West Faisal Bashir Memon and other officials as they failed to produce any concrete evidence to support the impugned detention order.

Imran Swati, one of the acquitted persons, through his lawyer had petitioned the SHC, impugning the Dec 1 detention order issued by the home department on the recommendation of the IGP for the detention of all the five men for three months under the Maintenance of Public Order (MPO) Ordinance 1960.

Orders police to provide protection to slain activist’s sister, OPP staff

The bench in its short order said it had heard the counsel for the petitioner, an additional advocate general (AAG) as well as the explanation from the IGP and home secretary for the detention order of the petitioner and others under the MPO.

“For the reasons to be recorded later, we hereby declare the impugned MPO dated 01.12.2022 passed by the secretary, home department, government of Sindh, to be illegal and passed without lawful authority and hereby strike down the same,” it added.

During the proceedings, Justice Agha remarked that if the provincial authorities had any objection about the acquittal, they could approach the apex court against the same instead of issuing a detention order in the absence of any cogent material.

When he asked the police chief whether the acquitted persons had any criminal record and who had informed the police that they were a threat to the family of the deceased, the IGP replied that there was no case against them apart from Ms Rahman murder case and there were only intelligence reports about the threat.

“Mr IG you’re a public servant and not an employee of any government,” the judge remarked.

Justice Agha also said the IGP was dubbing the acquitted persons as hardened criminals, but he could not produce any evidence in that regard, and warned to send him to prison.

About a threat letter, the bench asked as to who had issued the letter that lacked any signature. The AAG contended that it was a confidential report sent by the Intelligence Bureau. The IGP said that an IB’s responsible official called the police and informed about the threat.

Justice Agha also said the court was not satisfied with the justification being given while it was also not impressed the way police were conducting the investigation of the cases. The bench had also written in its judgement about the poor investigation conducted in the Ms Rahman murder case, he added.

The court also expressed serious resentment against the home secretary and asked him if he had applied his mind after Mr Mangnejo took the identical contention that the order was issued on the basis of an intelligence report.

The bench deplored that the police and other officials had repeatedly been describing a phone call as an intelligence report.

About the withdrawal of the impugned order, the secretary contended that the cabinet had authorised him to pass the order and sought time to consult with it.

Ms Rahman, a renowned social worker and former head of the OPP, was gunned down near her office on Manghopir Road on March 13, 2013.

On Nov 21, the same bench exonerated five appellants after overturning their conviction handed down by the trial court in Ms Rahman murder case.

An antiterrorism court had convicted Rahim Swati, his son Imran, Amjad Hussain Khan, Ayaz Ali alias Swati and Ahmed Khan alias Pappu Kashmiri in December 2021 after holding them guilty of facilitating, aiding and abetting the outlawed Tehreek-i-Taliban Pakistan men for the murder of the rights activist.

Published in Dawn, December 13th, 2022