LARKANA: The suspended SHO of Shahdadkot’s A-Section police station, SI Ali Anwar Brohi, and his two subordinate constables, Hassand Magsi and Nadir Brohi, were convicted on Monday in a contempt case for manhandling and harassing a judicial magistrate (JM), Siraj Ahmed Shar, on Sept 15.

JM-I Shar was appointed raid commissioner by the Qambar-Shahdadkot District and Sessions Judge Zahid Hussain Maitlo for the recovery of a man, Zahid Solangi, whose wife, Zubaida Solangi, had complained that her husband had been in illegal confinement in the A-Section police station’s lock-up.

JM Shar carried out the raid on Sept 15 and found Zahid Solangi and about a dozen other persons kept in the lock-up without any entry in the Roznamcha. While the magistrate was busy in making other policemen to enter their names in the register, SHO Brohi in an aggressive posture entered the police station, snatched the Roznamcha and mobile phone from the magistrate and manhandled him before detaining him in a place next to the lock-up where illegally detained people were kept. The unruly SHO also started beating up Zahid Solangi and took him away along with some other detained people by a mobile van to an undisclosed place.

JM Shar submitted such report with District and Sessions Judge Zahid Hussain Maitlo, who accordingly forwarded a reference against the errant SHO and some of his subordinate personnel to the registrar of the Sindh High Court with request of contempt proceedings against them.

All three policemen sentenced to two-month imprisonment, ordered to pay Rs25,000 fine

Eventually, the reference was sent to Justice Shamsuddin Abbasi of SHC’s Larkana circuit, where the trial was held.

In the meantime, SHO Brohi was suspended, a departmental inquiry against him was instituted and he was demoted to a lower rank.

On Monday, Justice Abbasi pronounced his judgement in the contempt case sentencing Ali Anwar Brohi, Hassand Magsi and Nadir Brohi to two months of rigorous imprisonment with Rs25,000 fine each.

In case of default on fine payment, they would have to undergo additional seven-day simple imprisonment, the order said.

The convicts were escorted to jail by police to serve out their sentences.

Earlier, on October 2, advocates Habibullah G. Ghouri and Shabaz Ali Brohi had submitted statements and unconditional and unqualified apology on behalf of the accused but the same were not accepted by the court.

On October 4 again, another statement with supporting affidavits and unconditional apology was submitted by the counsel praying for a lenient view as the accused had placed them at the mercy of the court.

Additional Prosecutor General Ali Anwar Kandhro opposed the prayer arguing that their actions were serious in nature as they deterred a judicial officer from performing his legal duties, misused their powers and misbehaved with him.

The order said that the contemnors had taken law into their hands in an organised manner prejudicial to the administration of justice and the course of justice. The law of contempt was meant to maintain the efficacy of the courts of justice and to secure public confidence in the administration of justice, the order read.

“The district judiciary is the backbone of our judicial system and it is the duty of this court to safeguard and protect the honour of judicial officers. The acts of the contemnors were intended and calculated to impede, obstruct and divert the administration and course of justice,” the order said.

Referring to the apex court’s judgement in the case of Sultan Ahmed and others vs registrar Balochistan High Court, Justice Shamsuddin Abbasi said: “I am of the view that police officials have committed contempt of court and they are liable to be punished in accordance with law, however, taking lenient view I hereby convict all three contemnors — SHO/Sub-Inspector of police Ali Anwar Brohi, police constables Hassand Magsi and Nadir Brohi under section 3 read with section 4 of the contempt of court ordinance 2003 and sentenced them to two months R.I and impose a fine of Rs25,000 each and in case of non-payment of fine money they will further undergo seven days Simple Imprisonment…”

The case was disposed of.

Published in Dawn, October 10th, 2023