KARACHI: The Sindh High Court (SHC) on Monday declared detention order of the accused in Perween Rehman murder case as null and void, ARY News reported.
Perween Rehman, head of the Orangi Pilot Project (OPP), was gunned down near her office in Orangi Town on March 13, 2013.
The high court had overturned the death sentences handed over to the accused in Perween Rehman murder case by an Anti-Terrorism Court (ATC). The accused were later detained for 90 days under the MPO.
Accused Rahim Swati, Amjad Hussain, Ayaz Swati and Ahmed Hussain had challenged their detention under the maintenance of public order in the high court.
The counsel of the accused pleaded that the detention of accused has been violation of their fundamental rights.
Additional Advocate General Sindh said that a person can be detained under the MPO over apprehensions and reports. “I want to refer some court decisions over the matter,” AAG said.
“The government’s constitutional mandate and the law has not been challenged,” AAG argued. “The MPO order has been issued on reports with no malicious intention,” government lawyer said.
Justice K.K. Agha addressing the government counsel said that you are repeatedly calling a phone call as an intelligence report. “There is no justification of the MPO until you prove the accused as a dangerous suspect with the CRO,” Justice Agha remarked.
“The government could take an administrative decision and it be allowed to take decision,” AAG said.
“Mr. advocate general tell me what action can be taken against the accused,” Justice Agha questioned. “Regretfully saying the court not satisfied with your investigation,” the bench addressing the I.G. Sindh said.
“The department have been warned repeatedly over flawed investigation,” Justice Agha said. The police chief asked for another chance from the court.
“Action should be taken against all of you over the flawed investigation. Clarify, why you want to detain the accused for 90 days,” the court asked. “How you have investigated, everything has been written in the decision,” Justice Karim Khan Agha said.
“Your reason is non-acceptable. You have called the accused as criminals but failed to present evidence,” the bench said.
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