DSP, other police officials involved in framing man, CTD tells court
KARACHI: The Counter-Terrorism Department of police informed on Friday the administrative judge of antiterrorism courts through a reinvestigation report that a deputy superintendent of police and other officials were found involved in wrongfully detaining a citizen and framing him in an explosives case.
The report recommended that a case be lodged against CTD DSP Hafeez Junejo, sub-inspector Aslam Qureshi, ASI Mubashar and others for illegally detaining Zulfiqar Ali Abbasi at CTD Garden and registering a forged case against him.
While declaring Abbasi as innocent, the reinvestigation report also suggested action against the investigating officer, inspector Syed Sarfaraz, for charge sheeting the suspect in a fake case.
Police claimed to have arrested Abbasi in Bhimpura area on July 4 and lodged a case against him over alleged recovery of seven hand grenades on the complaint of sub-inspector Aslam Qureshi.
On July 25, IO inspector Sarfaraz submitted a charge sheet against the detained suspect before the administrative judge of ATCs and the case was sent to ATC-19 for trial.
However, the mother of Abbasi approached the police high-ups and informed them that her son was picked upon from home and framed in a fake case. Thereafter, the reinvestigation of the case was ordered.
DSP Waqar Shah of CTD conducted fresh investigation and submitted a B-class (bogus case) report before the administrative court.
The report said that the ASI along with other policemen raided the house of the suspect on July 2, picked him up and detained him at CTD Garden, adding that police had shown him and some other suspects arrested on July 4 under Section 54 of CrPC.
It further stated that on an application of the detainee’s family, a judicial magistrate raided the CTD Garden on July 4 and found the suspects in custody while the police had shown the entry of 54 CrPC to the magistrate, but produced nothing regarding any recovery.
As soon as the magistrate left the premises, police lodged a case against Abbasi under Sections 4/5 of Explosive Substances Act read with Section 7 of Anti-Terrorism Act, 1997, it added.
The reinvestigation report further said that the suspect was found innocent since two members of the raiding party as well as independent witnesses deposed that he was picked up from his house and no recovery was made.
Earlier, the SSP (Operation) also conducted an inquiry and concluded that hand grenades were not recovered from the suspect and he was also not a terrorist, it maintained.
The report stated that on the directive of DSP Junejo, SI Qureshi and ASI Mubashar, in collusion with a private person, Khalid, booked the detainee in a fake case by foisting seven hand grenades upon him and also keeping him in wrongful confinement.
Therefore, it recommended a case against the DSP and others under Section 220 (commitment for trial or confinement by person having authority who knows that he is acting contrary to law) of Pakistan Penal Code and Sections 4/5 of Explosive Substances Act read with Sections 7 and 21-I (aid and abetment) of ATA.
The reinvestigation report also suggested action against the IO inspector Sarfaraz under Section 27 (punishment for defective investigation) of ATA.
The administrative judge sent the reinvestigation report to ATC-19 to dispose of it in accordance with law.
Published in Dawn, December 9th, 2017