PESHAWAR: PHC reprimands ASI; quashes false FIR
PESHAWAR, Oct 9: A two-member bench of the Peshawar High Court on Thursday quashed an FIR based on a concocted case registered against a citizen by an official of the Chamkani police.
The decision came on the writ petition of Aqil Khan who had prayed the court to quash the FIR registered against him on Sept 23.
The bench did not take any action against ASI Rehmat Ali when the superintendent of police, Waqif Khan, assured it that the departmental action would be taken against the official.
The bench, comprising Justice Tariq Pervez and Justice Qazi Ahsanullah Qureshi, observed that the police uniform was given to officers for safeguarding rights of citizens and not to curtail liberty of a person. It said the officers involved in dishonest acts were black spot on the face of the department.
The bench reprimanded the ASI that severe action would be taken against him if he was found involved in such acts again.
Justice Qureshi observed that it had become a routine for the police to raid residences of innocent citizens on the pretext that they were harbouring anti-social elements.
Appearing for the petitioner, advocate Mian Mohibullah Kakakhel argued that Mr Aqil Khan was arrested following a concocted case registered against him showing the recovery of a Kalashnikov from his possession.
The lawyer contended that the FIR was registered before the petitioner was take into custody and said that no Kalashnikov was recovered from his possession.
The bench, which had summoned the ASI involved, noted that the date of Kalashnikov’s recovery was shown as Sept 22 in the marasla report, whereas it was Sept 23 in the FIR.
There was overwriting in the marasla report as the ASI had later changed Sept 22 into Sept 23.
The assistant sub-inspector conceded that he had changed the date when he realized that he had erroneously written the wrong date.