The Islamabad High Court has strongly censured the capital police for exceeding their lawful authority, declaring an arrest without due legal process as “kidnapping”. The court ordered disciplinary and penal action against the police officials involved in the case.
Justice Mohsin Akhtar Kayani issued the ruling while quashing an FIR registered against Mohammad Waqas, Aleem Sohail, his wife Sana Sohail and Arham Waqas. The case stemmed from an alleged police encounter and was linked to a multimillion-rupee land scam uncovered by a joint inquiry committee.
Read More: Illegal arrests by police declared kidnapping
The court observed that arrest without lawful authority vitiates the entire criminal process. Citing settled jurisprudence, it held that when the foundation of an FIR is illegal, the resulting proceedings cannot stand.
Justice Kayani noted that the power to nullify criminal proceedings must be exercised sparingly. However, he ruled that the circumstances of the present case clearly justified such intervention.
According to the judgement, the DIG Islamabad confirmed that show-cause notices had already been issued to police officials found prima facie responsible. The court directed the inspector general of police to proceed further and ensure a transparent inquiry into what it described as a “fake police encounter”.
As part of the relief, the court imposed a fine of Rs100,000 each on the responsible officials. The amount was ordered to be paid as compensation to petitioner Sana Sohail, along with the return of seized vehicles, cash and jewellery.
The court also ordered a probe into the alleged abduction of Sana Sohail and her three minor children from Lahore. It allowed Lahore police to investigate the matter strictly on merit and in accordance with law.
Read More: IHCBA expresses satisfaction over non-shifting of high court
CCTV footage confirmed that the woman and her children were taken into custody before the FIR was registered. The court said this raised serious questions about the legality of the police action.
The case is linked to a land scam involving 136 kanals in Islamabad, with transactions exceeding Rs383 million. The judgement underscored the need for accountability and strict adherence to due process in criminal investigations.