Alleged murder in UAE: PHC directs FIA, Prison authorities to submit records

PESHAWAR: The Peshawar High Court (PHC) on Thursday directed the authorities of prison and Federal Investigation Agency to submit records in a petition against the arrest of a Peshawar resident without warrant, who had allegedly fled to Pakistan after committing murder in the United Arab Emirates.

A two-member bench of the PHC comprising Acting Chief Justice SM Attique Shah and Justice Sahibzada Asadullah heard the petition.The petitioner’s lawyer, Syed Nabi, amicus curiae Barrister Amirullah Chamkani, Deputy Attorney General Daulat Khan and Additional Advocate General Inam Khan Yousafzai appeared before the court.

The petitioner’s lawyer informed the court that his client’s son, Haris Mehmood, was illegally taken into custody by the Peshawar police. He argued that no Red Warrant had been issued, nor was any legal action taken.

The accused, he pleaded, was alleged to have committed a murder in the UAE before fleeing to Pakistan. The lawyer said that the police arrested him and detained him unlawfully, as they had no authority to do so without a Red Warrant.

Amicus curiae Barrister Chamkani told the court that a Green Warrant had been issued against the accused, based on which the police arrested him and presented him before a judicial magistrate, who then sent him to prison.

Upon this, the petitioner’s lawyer contended that a Green Warrant only allowed identification and search of the accused, whereas the police exceeded their authority by arresting him. He argued that the FIA’s report did not mention the arrest, yet the police detained the accused.AAG Inam Yousafzai said the accused was arrested under Section 54, Subsection 7, which granted the police authority to apprehend wanted individuals.