HYDERABAD, Sept 13: The Sindh High Court on Friday ordered the police to register a terrorism case against a man and his guard for allegedly attacking a judicial magistrate in a bid to stop him from carrying out a raid to recover a 10-year-old boy.

Justice Mohammad Shafi Siddiqui also directed the SHO of the Tando Mohammad Khan police station to arrest and produce the suspects in court on Sept 17.

Jai Ram had filed a petition for the recovery of his missing son, Raju, and impleaded the DIG-Hyderabad, SSP Tando Mohammad Khan, Tando Mohammad Khan SHO and private respondents, Hakim, Visri, Dhailo, Khemo, all residents of Saeedpur Takkar, Tando Mohammad Khan, as respondents.

The petitioner was represented by Advocate Ishaq Qureshi.

He submitted in the petition that the private respondents took away his son, motorbike and cattle on Sept 1, as they accused him of a committing a robbery. He contacted the respondent police officials for the registration of an FIR but they did not take any action.

He asked the court to direct the respondent police officials to recover and produce his son in court.

On Sept 9, the court directed the civil judge and judicial magistrate-I to carry out a raid on the autaq of private respondent Hakim.

Judicial Magistrate Sibghatullah Patoli submitted his report in court stating that he reached the place and the respondent’s father came out. He said he asked him to shift the womenfolk to other room so that a search could be conducted. In the meantime between 40 and 60 people, led by respondent Hakim’s brother, gathered there and offered resistance and disallowed them entry in the house, he added.

The magistrate said that the petitioner left the place, but he stayed there. By that time more people joined the mob, hurling abuses and threatening him of dire consequences.

He said that the mob tried to snatch the official gun of his guard and sensing danger he boarded his vehicle but they encircled him and forcibly tried to open the door.

He said that they caused obstruction in discharge of his official duty and he sought assistance of the police, who reached the scene and rescued them. Later, a search was conducted at some other place in the same area on information provided by the petitioner and his wife but neither the detainee nor his goods were found, said the magistrate.

After perusing the report, Justice Siddiqui observed that prima facie it was an attempt which fell within the ambit of the Anti-Terrorism Act, 1997 because a sense of fear was created amongst the people of the vicinity. Such type of incidents could hardly be tolerated, he added.

The court ruled that the brother of the respondent should be taken to task as he caused obstruction of the court orders and in administration of justice.

Justice Siddiqui directed the SSP to lodge an FIR against the brother of one of the private respondents under the ATA.

The court said that statements of the petitioner, his counsel, guard and the magistrate should be recorded and efforts be made to identify other culprits involved in the incident.

The judge directed the police that the entire exercise of the registration of the FIR and its compliance should not take more than 24 hours and in case of non-compliance, action shall be taken against those police officials who are found responsible.