Sessions court also rejects Defence-C SHO’s anticipatory bail after he skips hearing in magistrate threat case
LAHORE:
The Lahore High Court (LHC) on Monday sought a report from the Defence-C police station house officer (SHO) on a petition alleging the illegal detention of a suspect described by the prosecution as the “boss” of a group accused in the alleged abduction and rape of two foreign women.
On July 2, police rescued the two women within hours of receiving a distress call, arrested four suspects and launched an investigation into allegations of abduction, ransom demands and sexual assault. Three more suspects were later arrested, bringing the total number of accused before the court to seven.
Justice Abher Gul adjourned the hearing till July 20 after taking up habeas corpus petition filed by Mumtaz Bibi, mother of suspect Waheed Tahir.
Representing the petitioner, advocate Rana Intizar Hussain argued that the police had taken Waheed Tahir from his home on July 3 but had not produced him before any court. He argued that the law requires an arrested person to be produced before a judge within 24 hours of arrest.
The lawyer further informed the court that he had received information indicating that Waheed Tahir was currently admitted to the Services Hospital.
During the hearing, Justice Gul asked the petitioner’s counsel what relief was sought. The lawyer argued that the suspect had been held in illegal detention contrary to legal requirements and requested the court to order an end to his illegal detention and order his release.
Read also: Five days of physical detention extended by four suspects in the case of foreign women
The petition named the Punjab Inspector General of Police, Superintendent Jail and other officials as respondents. It claimed that although Tahir had been arrested in connection with the case, he had not been produced before a competent court despite the expiry of the mandatory legal deadline.
The court directed the SHO of Defence-C police station to submit a report before the next hearing.
The prosecution claimed that Tahir acted as the “boss” of the group involved in the offences. The present petition, however, only concerns the legality of his detention and the alleged failure to produce him before a court within the period prescribed by law.
The court has so far given the police physical custody of all seven suspects.
On 3 July, a trial judge granted a five-day physical remand to the first four suspects – Raza Dar, Hassan Raza, Sajid Ali and Sikandar Khan – which was extended by another five days on 8 July. On Saturday, the court also granted five days of physical custody to the remaining three suspects – Rizwan, Nasir and Nawaz.
One of the suspects is related to an influential political figure. However, Lahore Deputy Inspector General (Operations) Faisal Kamran said on Sunday that the suspect, who is said to be linked to a senior government minister, would not receive preferential treatment and would be investigated like any other accused.
SHO’s anticipatory bail rejected
In a related development, a court in Lahore on Monday rejected the anticipatory bail application of Defence-C SHO Faryad Ali after he failed to appear in a case alleging that he threatened a judicial magistrate hearing cases related to the alleged abduction and rape of the two foreign women.
Justice Abdul Quddus dismissed the anticipatory bail application for failure to prosecute after the SHO failed to attend the hearing. The court had earlier granted interim bail to Ali and sought response from Mustafaabad police station.
According to the FIR, the SHO visited the judge’s residence and allegedly threatened him during the trial in connection with the high-profile case. The FIR further alleged that he entered the judge’s residence at night, violating the sanctity of the home.
A separate FIR was subsequently registered at the Mustafaabad police station over the alleged intimidation of the trial judge.
The case
The two foreign women arrived in Islamabad on June 26 before traveling to Lahore on June 29. He said that around midnight on July 1, the Safe City Authority received information from a man identified as Carlos who reported that his daughter had been abducted in Pakistan and that he had received a ransom demand.
“Police subsequently launched an investigation using the relevant phone numbers, vehicle registration details, travel records and footage from city security cameras while conducting raids in Shahdara, Defense, Sargodha and other areas. The recovery of the women was our top priority,” he said.
Kamran said investigators traced a suspect’s family tree and conducted raids at various locations. “During one such raid, residents of a house informed the police that the suspect’s family had previously lived there as tenants and are believed to have links with the Deputy Prime Minister. The suspect was later identified as Mohammad Raza Dar,” he added.
He said police confirmed the information with the suspect’s family, obtained his phone number and began tracking his location. “The family would certainly have asked the suspect to surrender,” he said.
Read more: 4 arrested for sexual assaults on foreign women
The DIG said senior police officials and the government had been informed after investigators discovered the suspect’s alleged links to a senior political figure. “We received strict instructions from the government that he should not be treated differently from any other criminal,” he said.
He added that investigators were also looking into the possibility that a gang, rather than an individual, was involved in the incident.
According to DIG, the suspect was driving the two women to the airport when an argument broke out inside the vehicle near Bhatta Chowk.
“During the scuffle, the vehicle collided with an object after which the women jumped out and took refuge at a nearby filtration plant from where the police found them safe,” he added.
Kamran said the judges’ orders were necessary before the women’s medical examination could be carried out.
Also read: Locals capture foreigners trying to kidnap nomad girls
“Since the judge was not on duty and the women were scheduled to leave Pakistan the following morning, an officer from the station house was sent to the judge’s residence late in the evening to get the necessary orders. I regret that,” he said.
DIG said police contacted the Spanish and Dutch embassies after finding the women. The Spanish Embassy informed investigators that one of the women was a Venezuelan citizen.
After consultations with the embassies, the women agreed to undergo medical examinations and later agreed to record their statements before a judge under section 164 of the Criminal Procedure Code.
Kamran said the embassies had also requested that the women be repatriated at the earliest, adding that the police were continuing to investigate all aspects of the case.
