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SC orders departmental proceedings against police officers in Owais Ali Shah kidnapping case

By Jamal Khurshid
July 22, 2016

Takes exception to installation of outdated CCTV cameras

KARACHI: The Supreme Court on Thursday took exception to the installation of outdated closed-circuit cameras and directed the chief secretary to submit a comprehensive report on the CCTV cameras installed in Karachi, asking who was the person who had advised installation of such outdated CCTV cameras as well as the amount paid by the provincial government for those cameras.

Hearing the Karachi law and order suo moto implementation proceedings and political interference and influence in the police, SC’s five-member bench, headed by Justice Amir Hani Muslim, observed that 2 megapixel cameras were outdated cameras and inquired from the chief secretary of Sindh who was the official who had recommended the purchase and installation of such cameras which had no purpose but misuse of public money. The court observed that public money had been misused in purchase of the outdated CCTV cameras, and that the court would send the matter to the National Accountability Bureau for a proper inquiry.

The chief secretary was also directed to submit original summaries floated for purchase of the 2 megapixel CCTV cameras and the approvals granted at times by the competent authority.  The court also turned down the additional attorney-general’s request regarding status of Rangers stay in the province and observed that it was an administrative issue, and it should be decided by the provincial and federal governments.

With regard to Sindh police application on lack of assistance by the federal government in geo-fencing, availability of GSM locators and access to NADRA’s database, the court directed the attorney-general of Pakistan to intervene in the matter and submit a report reflecting reasons why Sindh police should not be provided with more than two locators of 4G.

The IG of Sindh informed the court that Sindh police have only two 2G-locators available with them, whereas they require 3G and 4G locators for investigations. 

He stated that it is expected that this problem will be resolved in parity with other provinces. He further states that more locators are needed, a minimum of one for each police division and there are six divisions in the police. 

Interior Secretary Arif Ahmed Khan submitted that there was no bar in providing access to mobile phone data but subject to permission from the ministry of interior on a case to case basis.

The court observed that as far as other issues regarding NADRA and geo-fencing are concerned, such matter to be taken up on July 28 when the attorney-general should be in attendance with instructions from the relevant quarters as to why these facilities which are crucial for the purpose of investigation should not be extended to other provinces. 

The court directed the interior secretary to submit a report after discussing the matter with the relevant quarters.

Justice Khilji Arif Hussain took exception to lack of proper maintenance of police helpline centre and effective response on public complaints and observed that such complaint centres were effectively monitored by the Punjab police. 

The court observed that civilized societies took lessons from the past mistakes and there was need to improve and upgrade the police helpline response center for redressing the grievances of the citizens. 

Justice Amir Hani Muslim observed that it is unfortunate that police stations do not attend calls of the citizens and SHOs were not present at the police stations. 

Justice Maqbool Baqar observed that there should be some effective standard operating procedure for effective working of the police helpline.  

The IG of Sindh informed the court that the voice recorder of 15 Madadgar shall be made workable within 15 days. He submitted that 2 megapixel cameras were installed in the year 2010 by the police, which have poor resolution and no provision was kept for their maintenance.

On police officers negligence in Chief Justice of Sindh High Court’s son kidnapping case, the court directed the secretary of establishment to hold departmental inquiry against the senior police officers, including former SSP South, with regard to their negligence in Owais Ali Shah kidnapping case.

The court rejected the inquiry report by the former additional IG of Karachi, Ghulam Qadir Thebo, with regard to the role of senior police officers, including SSP of South Dr. Farooq Ahmed, in kidnapping incident of Owais Ali Shah.

The court observed that the inquiry report was an eyewash as senior police officers were absolved from their negligence by mere warning to them. 

The court was informed by Chief Secretary Siddique Memon that a fact-finding inquiry had been conducted against senior police officers, former SSP South Dr. Farooq Ahmed, SP Dr. Asad Ejaz, ASP Mohammad Tariq Nawaz and DSP Farah Ambreen, by the Chairman of Anti-Corruption, Ghulam Qadir Thebo, and show-cause notices were issued to them.

The court expressed its dissatisfaction over the fact-finding inquiry report and directed the Secretary of establishment to hold a departmental inquiry against the police officers vis-a-vis their role in the kidnapping case of Chief Justice of SHC’s son, Owais Ali Shah, who was kidnapped from Clifton area on June 20.

The court observed that the Secretary of Establishment will be at liberty to join any other officer of the said PSP group against whom any material surfaced during the inquiry other than these four police officers, directing that departmental inquiry against the police officers shall be completed at an early date and its report shall be submitted to the court for perusal.

The IG of Sindh, A. D. Khawaja, submitted that another inquiry was conducted by the DIG East Kamran Fazal against the police officials below the rank of grade 16. 

According to the report, as many as 24 police personnel were found guilty and their matter have been referred to the competent authority for initiating departmental inquiry. 

He said that show-cause notices have been issued to all these police officials and on conclusion of the proposed departmental inquiry, report shall be submitted before the court.

Regarding release of four convicts on parole, the Chief Secretary sought further time to submit inquiry report. 

The court on the previous hearing had been informed that a committee was constituted by the provincial government comprising senior member, board of revenue, additional secretary, home department, and additional secretary, services, who shall look into the conduct of the former director of parole, Saleem Raza Abbasi, as well as other members of the parole committee who have prima facie acted in a negligent manner in recommending release of four convicts on parole. 

The court granting time directed CS to submit the inquiry report within 10 days. The court also dismissed 159 applications that had been filed in the year from 2012 to 2014 in the Karachi law and order suo moto proceedings as the same have become infructuous.