ISLAMABAD, April 28: The Supreme Court on Friday ordered suspension of judicial powers of the magistrate who had given remand of three juveniles arrested by Hyderabad police for a petty theft.
The children were handcuffed and fettered by police and the apex court had taken suo motu notice of the issue.
A three-judge bench comprising Chief Justice Iftikhar Mohammad Chaudhry, Justice Abdul Hameed Dogar and Justice Saiyed Saeed Ashhad asked the Chief Justice of Sindh High Court to initiate disciplinary action against the Judicial Magistrate besides suspending his powers.
The bench also ordered initiation of an action, under the removal from the government service rules, against the police officers concerned for handcuffing and fettering the juveniles. The police officers are already under suspension.
On April 18, Asad Khaskheli and Muzamil Mallah, aged 11 and 14 respectively, were released from police lockups after the CJ ordered the District and Sessions Judge Hyderabad Zaheer Leghari to personally visit the police station and secure their release, as they were stated to be handcuffed and fettered by the police. The CJ telephoned the DJ after watching a news on tevelision that three children had been confined handcuffed and fettered in a Hyderabad police station in case under Section 14 of the Hudood Ordinance and section 380 of the Pakistan Penal Code.
Police had registered the case on the complaint of Abdul Fateh Memon and Manzoor Ali Shah that the children had been caught while stealing bathroom fittings, a water pump and crockery items from the garage of their residence.
The CJ expressed dismay over such treatment with the juveniles and under his directions DJ Hyderabad raided the Qasimabad police station and found Muzamil in shackles and handcuffed. Muzamil was released on the personal surety of the judge and was handed over to his heirs. Under the Juvenile Justice System Ordinance 2002 children can not be fettered or kept in ordinary prison.
Asad was in the lockup of Hyderabad Prison, where the DJ reached at 2:00 am and got him released. Nine years old Saeed had been released before arrival of the DJ in the police station.
In his report to the CJ of the apex court, the district judge confirmed the allegations and said that the two police officials involved in illegal confinement of the juveniles had been suspended.
Dear visitor, the comments section is undergoing an overhaul and will return soon.