PESHAWAR: The Peshawar High Court (PHC) on Tuesday rebuked law enforcement agencies for their alleged role in illegal detentions. Chief Justice Syed Muhammad Atique Shah warned that the era of official impunity has ended.
The Chief Justice presided over a high-profile hearing involving multiple petitions for the recovery of missing persons. He issued a stern warning to the police department. He stated that every negligent officer will now face strict legal action, regardless of their rank.
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Inquiry into Police Conduct
The court took particular notice of a case involving the Khazana Police Station. Chief Justice Ibrahim expressed dissatisfaction with the lack of progress. Consequently, he ordered the Inspector General of Police (IGP) Khyber Pakhtunkhwa to conduct a personal inquiry. The bench questioned why the public consistently blames the police. It also demanded a solution to end the practice of detaining citizens without legal justification.
During the hearing, the Chief Justice grilled SHO Tariq. “Why should a criminal case not be registered against you?” the CJ asked. He criticized the police for detaining “weak and voiceless” citizens who have committed no proven crimes.
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Directives on Specific Cases
The bench issued several specific orders to address individual petitions:
- Adnan’s Case: The court demanded a detailed response from the Town Police Station SHO.
- Commission Referral: The bench sent one application to the Missing Persons Commission for processing.
- Allegations against DSP: The court cited a statement where a missing person told a DSP that the police were responsible for their abduction.
The Taxpayer’s Right
Chief Justice Ibrahim held an extensive dialogue with the Additional Advocate General (AAG) about systemic reforms. He emphasized the state’s duty toward its poorest citizens.
“Poor citizens pay taxes even when they buy a simple box of matches,” the Chief Justice remarked. He noted that these taxpayers fund the facilities that judges and officials enjoy. He observed that many helpless individuals fear the police too much to file formal complaints. Therefore, the court must protect them.
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Legal Accountability
The AAG maintained that investigations into the Khazana Police Station case are ongoing. However, the court clarified that a larger bench decision now allows for legal action against any officer. This rule applies regardless of the officer’s rank.
The Chief Justice concluded that the poor cannot afford to have enmity with the police. He sent the case to the IGP for a thorough investigation to ensure accountability.
