PESHAWAR: The Peshawar High Court has rejected bail pleas of two policemen arrested for the killing of a student inside a police station in Swat, which had triggered public protest early this year.

A single-member bench consisting of Justice Mohammad Ijaz Khan observed that on tentative assessment of the available record, the two petitioners Safeerullah and Amir Nawab were prima facie connected with commission of the offence.

The bench observed that the offence also fell within the prohibitory clause of section 497 of Code of Criminal Procedure and as such they were not entitled to the concession of bail.

The bench observed that the record showed that the two policemen were nominated as accused on February 8, 2023, and on the same day their identification parade was conducted in the presence of a local magistrate where they were duly identified by the complainant, Faridoon Khan, explaining their role in the commission of the offence.

The bench directed the trial court to conclude the trial of the petitioners within a period of six months.

Bench directs trial court to conclude proceedings within six months

The FIR of the occurrence was registered at Banr police station in Swat on January 23, 2023, under section 302, 148 and 149 of Pakistan Panel Code.

The deceased, Ubaid Khan, who was a BS student in Government Jahanzeb College Swat, had an altercation with some plainclothes policemen including the two petitioners near Banr Chowk.

The complainant, Faridoon Khan, who is maternal uncles of the deceased, stated in the FIR that he was informed by his nephew at his hujra that he was beaten by four to five persons, after which he went out with him.

He stated when they reached Banr Chowk, the said five persons, who were in plainclothes, were there and in the meantime a police mobile van reached there and took them to Banr police station.

The complainant said that his nephew was taken to a room while he himself was taken to the lockup where the SHO came and asked him about the occurrence.

He stated that they heard a fire shot and when they rushed to the said room, he saw his nephew lying in a pool of blood.

The deceased was rushed to hospital but he could not survive.

Following public protests, the police high-ups ordered an inquiry and several police officials were arrested including the two petitioners. An assistant advocate general, Ms Mehnaz, appeared for the state whereas Advocate Aurangzeb Khan represented the complainant.

They argued that the policemen had killed a young man and they did not deserve any leniency.

They said that the complainant had identified the two petitioners in the identification parade, which clearly connected them with the commission of the offence.

Initially, police had claimed that the deceased was possessing a pistol and when they were trying to unarm him at the police station it went off with one fire shot which hit the deceased.

Earlier, the additional district and sessions judge Swat had on February 24 rejected bail petitions of the two petitioners as well as that of three other policemen named Faizullah, Ibrahim Shah and Amjid Rehman.

The court had observed that none of those officials were on duty at Banr police station, which also put a question mark on their role.

Published in Dawn, March 20th, 2023