IHC declares arrests without due process tantamount to abduction

The Islamabad High Court (IHC) in a major ruling on Friday declared that any arrest carried out by the police without lawful procedure amounts to abduction, ARY News reported.

The ruling came out while hearing a missing related to women and kid abduction in Lahore and Bahawalpur.

According to the DIG’s report, show-cause notices have already been issued to the officers involved. The court stated that any misuse of this process or interference with justice will render the action null and void.

It underlined that, as determined by the Supreme Court, if an FIR is found to be unlawful, all proceedings stemming from it will be invalid. However, the court clarified that the scope for declaring criminal proceedings null is limited.

The judgment also pertains to cases of abduction of women and minors from Lahore and Bahawalpur, as well as a dispute involving former PIA CEO Musharraf Rasool.

The court ordered the dismissal of cases against citizens Waqas, Aleem Sohail, and his wife Thanas Sohail.

The 16-page written verdict, issued by Justice Mohsin Akhtar Kiani, directs that the cases against Waqas, Aleem Sohail, Thanas Sohail, and Arham Waqas be dismissed. It also orders action against police officers involved in the alleged fake encounter. Officers found guilty of the encounter are to be fined PKR 100,000 each, with the amount to be paid as compensation to the complainant, Thanas Sohail.

The court further directed that all vehicles, cash, and jewellery seized from the woman be returned. In addition, the Lahore police were instructed to conduct a merit-based investigation into the abduction of the woman and children.

The IG Islamabad has been ordered to implement the court’s directives and submit a compliance report within 30 days.