HYDERABAD: A division bench of Sindh High Court’s Hyderabad circuit comprising Justice Mahmood A. Khan and Justice Adnanul Karim Memon on Tuesday restrained the Sindh police from arresting Senator Azam Khan Swati from within the limits of SHC’s Hyderabad registry.

Advocate Noorul Haq Qureshi, the counsel for Senator Swati, said the order was passed on a petition filed by his client’s son, Usman Swati. The court has issued notices to respondents while passing the restraining order that was effective for cases, if any, lodged within the territorial jurisdiction of SHC’s Hyderabad registry, according to the lawyer.

The petitioner has cited the federal interior secretary, Sindh home secretary, Sindh inspector general of police, Hyderabad DIG and Federal Investigation Agency (FIA) director as respondents.

He submitted in court that his father, a member of Senate, was arrested in a case lodged by FIA’s cybercrime wing at its Islamabad reporting centre. He alleged that his father was humiliated and subjected to custodial torture during remand period. Later, he was released on bail on an order of the special judge (central) on Oct 21, 2022. He claimed that his father was again arrested on Nov 27 for political reasons rather than vengeance created as a result of a long march announced by the Pakistan Tehreek-i-Insaf (PTI).

The petitioner stated that the FIR vide crime No.159/22 registered on Nov 26 at the FIA centre under the same sections mentioned above, he remained on physical remand ordered by the magistrate concerned in Islamabad on Nov 27. He stated that on Dec 1, the investigating officer of the said case reported to the special FIA judge at Islamabad about completion of investigation, thus he requested judicial remand and this was allowed.

Lawyer seeks quashment of all similar FIRs lodged against senator

Mr Usman informed the bench that his father was shifted to Balochistan from where his case was transferred to the Sindh police on allegations of similar nature mentioned in five different FIRs registered in Karachi. These FIRs were lodged at the Bin Qasim, Darakhshan, Shah Latif, Orangi Town and Clifton police stations.

He stated that besides the above-mentioned FIRs, it was brought to his notice that FIR bearing crime No. 118/2022 was lodged at the Zulfikarbad police station of Qambar Shahdadkot district, crime No. 245/222 was lodged at the Shaheed Benazirabad police station, and crime No. 96/22 was lodged at the Mithi police station.

Surprisingly, he said, a similar story was incorporated in all these FIRs with a slight variation to create a justification by the respective complainants. He claimed that his father was booked with mala fide intention to keep him in illegal detain.

Advocate Qureshi submitted that his client had filed a petition on Dec 12 at SHC’s principal seat involving jurisdiction to the extent of Karachi.

He pointed out that the apex court in clear terms had exhibited repugnance against double jeopardy in number of cases but for a particular incident single FIR was permissible as a scheme drawn by superior court where the principle laid down for double jeopardy and like cases of victimisation which had been bought on surface in this case particularly.

He also pointed out that the Balochistan High Court had straightaway quashed all those FIRs having identical features, a rather similar story narrated to that of the FIRs lodged in Islamabad just being a carbon copy. He argued that the fact of lodging FIR though had been disclosed to that extent present petition preferred but yet not known how many other FIRs were registered purposely for political victimisation.

He prayed the court to declare that the FIRs similar to that of the one already lodged in Islamabad were illegal and without lawful authority. He urged court to quash those FIRs which were not disclosed. He also prayed court to issue a restraining order, suspending operation of the FIRs in question until a decision on this petition.

Published in Dawn, December 14th, 2022