SHC wants IGP replaced with competent officer over failure to produce Dua Zehra

The Sindh High Court (SHC) on Monday took exception to non-compliance of the court’s directives by the provincial police chief with regard to the recovery of Dua Zehra and her production in court, and asked the government to assign the charge of the inspector general of police (IGP) to an efficient officer.

Hearing the petition for the girl’s recovery and the cancellation of her marriage under the Sindh Child Marriages Restraint Act filed by her father, an SHC division bench headed by Justice Mohammad Iqbal Kalhoro said that despite repeated directions, no serious efforts had been expended to recover the child.

The court said IGP Kamran Fazal remains unwilling to perform his duty despite repeated direct orders rendered and representation provided to the court. The bench issued a show-cause notice to the IGP to explain why proceedings should not be initiated against him for failing to comply with the court’s orders. The police chief has been told to appear in person with his sworn affidavit, after which further proceedings will be considered.

Regarding the IGP’s inability to perform his duty, the judges said the court feels it prudent to defer the issue to the executive for due consideration. The bench directed the Establishment Division secretary to immediately look into the matter and form an opinion within reasonable time as to whether or not there ought to be an inquiry to determine if the IGP is fit to hold a position of responsibility concerned with the lives and liberties of citizens.

The court said that the present role and charge of the IGP should be immediately assigned to an efficient officer under advisement to the court through the Inspection Team-II member, and the said office should be conveyed the court’s direction to produce the missing girl on the next date of hearing.

The bench said the provincial police chief had submitted an unsatisfactory report before the court, and on Monday a further fanciful explanation had been provided for non-compliance with the court’s orders.

The Sindh advocate general said the girl’s location has been traced to Hazara Division, and a notice may be issued to the Khyber Pakhtunkhwa police for producing the girl. He said that influential persons are providing protection to the girl and the family of her alleged husband. The court asked the AG if the jurisdiction of the court extended to the officers in KP, but he was unable to provide a cogent response.

The petitioner’s counsel said the girl was proximate to the police team on a specific occasion, but the relevant officer eschewed any effort to secure her protective custody and hence appeared to abet the crime being perpetrated.

The court said the allegation of abetment should be considered on the next date of hearing, and directed the Criminal Investigation Agency chief to provide a list of such officers’ names and designations.

The girl’s father, Syed Mehdi Ali Kazmi, said in his petition that Dua had gone missing after leaving the house on April 16, and a case was registered at a police station on charges of kidnapping and trafficking.

He said the police failed to file a charge sheet in the case with regard to the kidnapping of his daughter before the relevant magistrate despite knowing the fact that the custody of his minor daughter was confirmed before one Zaheer Ahmed, a resident of Lahore.

He also said that during her confinement at Ahmed’s house, his daughter had claimed to be married to the man, and she seemed afraid and under pressure at the news conference. Kazmi said his daughter is 14 years old and belongs to the Shia sect, and her marriage without a Wali and under the Sindh Child Marriages Restraint Act was also void ab initio.

He requested the court to direct the police to inform the court about her whereabouts, recover her and set her free from the illegal detention of her alleged husband. He also requested the court to direct the police to ensure her production in court, and declare her alleged marriage with Ahmed unlawful and void ab initio under the Sindh Child Marriages Restraint Act.