PHC orders registration of FIR against ASI
PESHAWAR, June 7: The Peshawar High Court on Wednesday ordered registration of an FIR against an official of the Islamabad police for kidnapping a girl from a local shelter house where she had been kept after she married a man of her choice.
Bhara Kahu police station (Islamabad) ASI Chaudhry Ashraf was taken into custody by the Hasthnagri police station SHO soon after the two-member bench pronounced the order.
The bench comprising Justice Fazlur Rehman Khan and Justice Mohammad Raza Khan accepted a writ petition filed by Robeena Zaheen, seeking registration of an FIR against her father, some family members and the Islamabad police for forcibly taking her to Islamabad where she survived honour-related attempt on her life.
The bench directed the SHO of the Hasthnagri police station, in whose jurisdiction the Apwa’s Darul Aman was situated, to register an FIR under section 364 (abduction for purpose of murder), 148 (rioting armed with deadly weapons), 149 (members of unlawful assembly) and section 109 (abetment) of the Pakistan Penal Code.
The court directed that the FIR should be registered against ASI Chaudhry Ashraf, who conducted an illegal raid on the shelter house, girl’s father Mohammad Zaheen, brother Mohammad Shaheen, Qaiser Khan and Munawar.
The bench allowed the petitioner to accompany a female relative of Ghulam Ali, who resides in the provincial capital. The petitioner stated that she wanted to live with her in-laws in Peshawar.
The girl, Robeena Zaheen, who spoke with difficulty as one bullet had pierced her throat, stated she was crying and praying to the raiding team not to take her to Islamabad as she was facing life threat. “I was forcibly taken away to Islamabad where my father and other relatives attacked me in a hospital,” she said.
Ghulam Ali, husband of Robeena, was also brought from Adiala prison by officials of the Islamabad police. The police stated that they had moved an application under section 169 of the Criminal Procedure Code for discharging him in a case filed against him by Zaheen Ahmad at Bhara Kahu police station on April 10 under the Offence of Zina (Enforcement of Hudood) Ordinance.
Ms Zaheen, who is 19, stated that she had married Ghulam Ali with her free will and requested the bench to keep her husband in Peshawar as he might be killed by her family members there.
The bench observed that Ghulam Ali had been in judicial custody in the Adiala prison, therefore it was necessary that he should be taken there. The bench observed that the court concerned there was fully empowered to issue his release orders.
Mr Ali told Dawn that on various occasions Robeena’s parents had rejected his proposal. He added that they were neighbours in Pind Bhagwal and finally they decided to marry in Peshawar where his maternal uncles had been living.
Advocates Qayyum Sarwar and Manzoor Khalil appeared for the petitioner and contended that the girl was taken to Islamabad for the purpose of killing her by her family members. They added that Islamabad police had acted in collusion with the family members of the girl and due to the same reason they were in a hurry to take her away.
Advocate Shehnaz Hameed, appearing for the Darul Aman administration, contended that the Islamabad police had no legal orders with them when they took away the girl. She contended that they had lodged a written complaint with the Hasthnagri police station which was registered in the daily diary instead of registration of a proper FIR. “The magistrate in his orders on May 10 had written that she should be kept in Darul Aman till further orders,” Ms Hameed argued.
Advocate Syed Mohammad Tayyab, representing the Islamabad police, argued that the petition was not maintainable as it was filed by Maqsood Anwer, maternal uncle of Ghulam Ali, on behalf of Robeena. He argued that the petitioner had other remedies available with him therefore filing of the instant petition was not appropriate.
He argued that the girl had given in writing to the police that she was going to Islamabad with her consent.
Robeena refuted his claim stating that to avoid going with the Islamabad police she took refugee in a wash-room of the shelter house and locked it, but a lady-constable threatened her of dire consequences if she did not come out. She added that she was taken away at gunpoint.
Chaudhry Ashraf stated that they took the girl to Islamabad for recording her statement before the magistrate concerned, and added that after she received bullet injuries she was admitted to the Pakistan Institute of Medical Sciences and was returned to her in-laws in Peshawar soon after recording her statement on May 25.
He said that Robeena was a victim of abduction in the FIR registered by her father against Ghulam Ali therefore they had to take her to Islamabad.
The bench observed that when they knew that her life was in danger they should have recorded her statement here instead of taking her away to Islamabad.