Islamabad High Court. PHOTO: FILE
The Islamabad High Court summoned the Islamabad Director Inspector General of Investigation on December 9 over the alleged kidnapping of a woman and her minor daughters in Lahore and Bahawalpur, linked to a financial dispute involving former PIA Director General Musharraf Rasool.
The court asked the DIG to clarify whether the statements of the Lahore police involved in the search at the woman’s house were recorded and whether those who carried out the search had valid search warrants.
Justice Mohsin Akhtar Kayani stressed that any movement of individuals without a warrant constitutes kidnapping, adding that the court is seeking to establish the truth in a case involving the humiliation of a woman and her children. “If someone is kidnapped without a search warrant, it is considered kidnapping. The police are inactive and the Federal Investigation Agency refuses to investigate.”
The petition alleges that police officers, acting on behalf of unidentified persons, abducted Sana Sohail, wife of Sohail Aleem, who worked on a private farm, along with her daughters – Harim, 12, Laiba, seven, and Nimra, three – in Lahore on September 17. Islamabad.
According to the court order, CCTV footage dated September 17 confirmed that the woman and her children were arrested around 7 am with the help of Punjab Police and transported to Islamabad. They were later shown as arrested in a first information report, which was registered three days later under various provisions of the Pakistan Penal Code and the Arms Ordinance.
Read: Cops and woman among kidnapping suspects
Advocate Sardar Latif Khosa, appearing for the petitioner, said the complainant, former PIA director general Musharraf Rasool Cyan, is an influential bureaucrat whose influence led to the violation of the sanctity of the home.
The courts have already been unhappy with the report submitted by a police committee. The court had said that a case would be filed against the responsible police officers and asked the FIA Director General to investigate the matter.
The hearing also covered a financial dispute filed by former PIA CEO Musharraf Rasool against Waqas Ahmed and Sohail Aleem. Lawyer Latif Khosa pointed out that Rasool is a powerful figure and presented a photo showing him attending a meeting on judicial reforms with the Chief Justice of Pakistan on November 20.
During the trial, Justice Kayani pointed out to Rasool’s lawyer Shariyar Tariq that although the Supreme Court had stayed one of the court’s orders in October, subsequent orders had not been stayed, saying: “You cannot stop this court from functioning. Any order we issue can be challenged in the Constitutional Court. We are seeking the truth in a case in which a woman and her children have been humiliated.”
Latif Khosa also pointed out that Rasool had built a house in Islamabad worth Rs165 million and there were disputes involving the Navy. Lawyer Tariq explained that they approached the Supreme Court and also filed a petition with the Federal Constitutional Court.
Justice Kayani observed that the matter is currently stalled by several authorities, including the police, FIA, magistrates, the Supreme Court and the Federal Constitutional Court, with no proper investigation underway.
Learn more: IHC orders probe into allegations of police fabrication
The court criticized systemic inaction, noting: “If the courts had been stronger, none of this would have happened. A woman and her three-year-old daughters were kidnapped in Lahore, and a confrontation with the police took place here. The impotence of the law in kidnapping cases is shameful. A three-year-old child was separated from her mother for six days – an extremely shameful act. If all courts are incapable of acting, why are we sitting here?”
The court also said that the police officers involved in the case were responsible for the investigation, pointing out that some police officers had little knowledge of the case. Khosa insisted that a competent and neutral agency be appointed for the investigation.
The court adjourned the hearing till December 9, summoning DIG Investigation Islamabad to provide detailed clarifications on the raid, the statements taken and the legality of the search and removal of the woman and her children. The original dispute arose from a financial transaction case filed by former PIA CEO Musharraf Rasool against Waqas Ahmed and Sohail Aleem.
