SHC strikes down notification to detain suspect acquitted of Perween Rahman murder

The Sindh High Court (SHC) on Monday set aside the provincial government’s notification of the 30-day detention under the Maintenance of Public Order (MPO) of the accused who was acquitted in the Orangi Pilot Project (OPP) director Perween Rahman murder case, declaring that the notification was issued without lawful authority.

Mohammad Imran Swati said in his petition that he was acquitted in the murder case by the SHC because the prosecution failed to prove the charges against him and the other defendants.

He said that on December 1 the home department issued a notification, through which he and the other accused were to be detained for 30 days under the MPO. The petitioner’s counsel said the high court had acquitted the petitioner of terrorism as well, while no reason was mentioned for the detention under the MPO. The court was requested to set aside the impugned detention order.

An SHC division bench headed by Justice Mohammad Karim Khan Agha asked the home secretary and the Sindh police chief about the justification of issuing the detention order after the petitioners were acquitted by the high court.

The court said the government can file an appeal against the decision of the SHC in the Supreme Court if aggrieved, but cannot detain a citizen without any valid grounds. The IGP said Perween’s family had requested the detention of the petitioners, adding that there had also been some intelligence reports about threats to the family.

The provincial law officer said people can be detained under the MPO on the basis of threats and intelligence reports, adding that there is no mala fide intention in the detention of the petitioners under the MPO.

The court said the home department needs to assess the intelligence reports by applying mind prior to issuing the detention notification. After hearing the arguments of the counsel for reasons to be recorded later, the bench declared the government notification as illegal and struck it down.

On November 21 the SHC had set aside the life imprisonment and other sentences awarded to five people by an anti-terrorism court in the murder case, saying that the prosecution had failed to prove the charges against them.

Mohammad Raheem Swati was sentenced to life imprisonment twice, along with three others, for Perween’s murder. The court had also sentenced Raheem’s son Imran Swati and three others to seven years in prison for abetment and concealment of evidence.

Abdul Raheem Swati, Ayaz Ali Swati, Ahmed Khan, alias Pappu Kashmiri, Mohammad Amjad Hussain and Mohammad Imran Swati, who were activists of the Awami National Party, had been prosecuted for murdering Perween on March 13, 2013.

The prosecution claimed that they wanted to get the OPP office for the purpose of a karate centre, but after being refused, they hatched a conspiracy to get Perween murdered by paid killers of the Tehreek-e-Taliban Pakistan. The family of the deceased also challenged the SHC order in the SC.