ISLAMABAD (Dunya News) – The Islamabad High Court (IHC) has declared arrests made by police without due legal process as abduction and ordered action against the involved police officials.
The court issued orders in a case involving the alleged abduction of a woman and minor children from Lahore and Bahawalpur. It dismissed the police case registered against Muhammad Waqas, Aleem Suhail, Sana Suhail, and Arham Waqas.
The matter stemmed from a financial dispute between former PIA Chief Executive Officer Musharraf Rasool and citizens Muhammad Waqas and Aleem Suhail. Justice Mohsin Akhtar Kayani issued a detailed written verdict on petitions filed by Muhammad Waqas, Aleem Suhail, and Aleem Suhail’s wife Sana Suhail, seeking the quashing of the case registered against them.
The court observed that, according to the DIG’s report, show-cause notices had already been issued to the police officials involved. It ruled that when legal process is misused and justice is compromised, the established principle is that such proceedings must be declared void.
The court further held that the Supreme Court has settled the principle that if an FIR is based on illegality, all subsequent proceedings must be set aside. The Supreme Court has also ruled that the power to quash criminal proceedings should be exercised sparingly and only in exceptional circumstances.
In its written judgment, the Islamabad High Court directed the Inspector General of Police, Islamabad, to take action against officials involved in the alleged fake police encounter. The court also imposed a fine of Rs100,000 each on the officers found responsible.
According to the verdict, the fined amount will be paid by the Islamabad police officials as compensation to the complainant, Sana Suhail. The court also ordered the return of vehicles, cash, and jewelry taken from the woman.
The court directed Lahore police to conduct merit-based investigations against the accused in the case of the woman and children’s abduction. The IGP Islamabad was ordered to ensure implementation of the judgment and submit a compliance report within 30 days.
It is worth noting that FIR No. 653/25 was registered at Tarnol Police Station, Islamabad, under charges related to a police encounter and other provisions.