Syed Kareem-ud-Din vs Senior Superintendent of Police (SSP), Islamabad Ss — 2025 PCrLJ 1578 ISLAMABAD

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Syed Kareem-ud-Din VS Senior Superintendent of Police (SSP), Islamabad Ss. 22-a & 561-a ---Powers of Justice of Peace under S.22-a, Cr.P.C.---Scope---Petition filed under S.22-a, Cr.P.C, by the petitioner for the registration of criminal case was dismissed by the Ex-officio Justice of Peace---Perusal of the record revealed that on 11.12.2024, while the petitioner was at home with his family, a woman contacted him requesting mushrooms for medicinal purposes---Petitioner responded that the product could be collected from his residence---Later that evening, at about 8:00 pm, six to seven individuals, some of whom were Police Officials, arrived in three vehicles and surrounded the petitioner's house---Without presenting a warrant, they forcibly entered the premises, threatened the petitioner, confiscated his personal belongings and proceeded to unlawfully arrest and detain him---Petitioner was taken to Police Station, where he was subjected to severe humiliation, harassment and unlawful confinement for nearly three and a half hours---During such illegal detention, the petitioner was mentally tortured and subjected to interrogation without any legal basis---Officials demanded access to his mobile phone, property details and other personal information---Upon the refusal of petitioner, they adopted a hostile, arrogant, and abusive demeanour, which reflected a gross misuse of authority and a blatant dereliction of official duty---Petitioner filed an application for registration of FIR against the corrupters/perpetrators before the Police authorities, which was turned down---Petitioner, being dissatisfied with the decision of the Police authorities, filed an application under Ss. 22-a & 22-B,Cr.P.C., before the Trial Court, which was also dismissed with the reasoning that no cognizable offence had been made out---Validity---In the present case, it was admitted fact that the petitioner was taken into illegal custody by the police without any warrant of arrest and nothing had been recovered from his possession, which showed that the petitioner was not doing any illegal business of narcotics---actions of the police raised serious concern about whether they possessed the authority to arrest individuals based solely on incorrect information and whether they had ample powers to tarnish the reputation of a respectable citizen in society---Police report submitted before the Trial Court clearly showed that the petitioner was arrested and detained for three hours at Police Station, even though no case was against him---Police report further stated that no unlawful act on the part of the petitioner was found and he was released after making entry of Rapt No. 30 dated 12.11.2024 in the register---Said report itself constituted an admission by the Police Officials of the petitioner's illegal detention, demonstrating that they misused their authority to harass, humiliate, threaten and unlawfully detained him to obtain an unlawful advantage---admitted fact that the petitioner was wrongfully detained by the police, which was a gross violation of fundamental rights as guaranteed by the Constitution---Police Officer unlawfully confined an innocent citizen in the lock-up of the police station, demonstrating blatant abuse of authority and disregard for the rule of law---Such conduct was wholly unacceptable and could not be justified or overlooked---Law enforcement agencies were duty-bound to uphold the law and respect the constitutional rights of citizens---Respondent, being a Police Official, acted beyond the bounds of legal authority by depriving a citizen of liberty without due process---Therefore, a malicious act on the part of the Police Official could not be brushed aside---Petition was allowed and SHO concerned was directed to register FIR against the proposed accused persons---Petition was allowed, in circumstances.

Syed Kareem-ud-Din vs Senior Superintendent of Police (SSP), Islamabad Ss — 2025 PCrLJ 1578 ISLAMABAD

Case information

Judgment text as reported

Other judgments reported in 2025 PCRLJ