ISLAMABAD. The Islamabad High Court on Friday held that manhandling and torture of an accused during police custody was intolerable and such acts were likely to expose the responsible officials to consequences.
“The office is directed to send copies of this order to the aforementioned officials through special messenger for compliance. The office is further directed to issue notice to learned advocate general, Islamabad capital territory,” read the order sheet authored by IHC Chief Justice Athar Minallah.
The chief justice wrote the order on a petition filed by media personality Mohsin Baig’s wife. Baig, who is the Daily Jinnah and Online news agency editor, was arrested by the Federal Investigation Agency’s cybercrime wing and police after a raid on his house in Islamabad. A heavy contingent of police surrounded the journalist’s home in the morning and took Baig away as seen in videos widely circulated on social media. It also showed the media personality pointing a gun at an official while using his other hand to grab another one. During the raid, according to Baig’s spokesperson, bitter words were exchanged between journalists and FIA officials as well as the police as Baig asked for his arrest warrant. At the time, the spokesperson claimed that officials did not have any warrants and no case had been registered against the journalist.
According to the FIA, the media personality was held on Communications Minister Murad Saeed's complaint after the former made “unethical” remarks about the minister in a television programme. The video, which was also condemned by many journalists, led the news channel to go off the air. However, the Pakistan Electronic Media Regulatory Authority denied giving any such orders.
It read the counsel alleged that the husband of the petitioner has been denied access to a lawyer of his choice. He has also alleged that the petitioner’s husband was manhandled and physically harmed while he was in the custody of the Incharge Police Station, Margalla 3.
“The petitioner has prayed for issuance of a writ for quashing the criminal case,” it read, adding that the petitioner has the locus standi to be aggrieved that the police officials have allegedly refused access to a lawyer and manhandled her husband while in their custody.
The judgement read that the district magistrate, ICT, was directed to inspect the police station, Margalla, in the exercise of powers conferred under the Police Rules, 1861 and inquired about the allegations of “manhandling, torture and refusal to provide access to a lawyer.”
It further directed the IG police to independently inquire regarding the alleged treatment of the petitioner’s husband. Both the officials were directed to submit their respective reports through their authorised representatives on the date fixed.
Earlier in the day, IHC CJ Minallah sought a report from the federal capital police’s inspector general on the apparent torture during the arrest of media personality Mohsin Baig till February 21.
“The allegations of manhandling, subjecting the accused to torture and denial of access to a legal practitioner while in custody of the incharge police station, Margalla are grave in nature,” it read.
The judgement further noted that no accused, regardless of the gravity of the alleged offence, could be treated otherwise than in accordance with law, let alone being subjected to physical harm.
“Arrest of an accused in a criminal case merely deprives the latter from enjoying the right to freedom of movement guaranteed under Article 15 of the Constitution. However, the other rights remain unaffected. Article 9 guarantees security of a person despite being in custody while Article 10(1) explicitly provides that after arrest, an accused shall not be denied the right to consult and be defended by a legal practitioner of his / her choice. Article 14 declares that the dignity of a human is inviolable and that no person shall be subjected to torture,” CJ Minallah observed.
Baig’s physical remand extended for three days
An Anti-Terrorism Court in Islamabad judge on Friday extended the physical remand of media personality Mohsin Baig for three days, while announcing the reserve verdict on the case.
The police produced Baig before ATC’s judge Muhammad Ali Warraich and sought his further remand on account of recovering a pistol from his possession.
During the proceedings of the case, Baig’s lawyer Latif Khosa prayed the court to review the Prevention of Electronic Crimes Act 2016’s Section 21-D (Cyber stalking).
He informed the court that the case was registered against his client at 9pm and the FIA raided the house at 9:15pm, while violating the privacy. On Communications Minister Murad Saeed’s complaint an inquiry was conducted against Baig on February 16 and on the same day the inquiry was converted into an investigation, which led to FIA team’s arrival in Islamabad, he added.
Khosa read out the cases registered in the cybercrime cell and contended that not a single section of PECA fall in the ongoing case. He said that an FIR was registered against his client after the raid, adding the raid team did not have a copy of the FIR.
The police also presented pictures before the court that showed Baig holding a pistol in his hand and requested the court to extend the physical remand for three days.
“I want to inform the court about the facts. The CCTV footage of the incident is present. I did not who they are, whether they are dacoit or who. In reality, they are dacoit. I was sitting with the SSP in the SHO’s room when the FIA [members] beat me,” Baig said.
The lawyer said that Baig was not the first journalist to be treated in such a manner. “It was all a political matter and politics was also played on the occasion.”
The court reserved its verdict and later announced it. The judge, while reading the reserved verdict, extended the physical remand for three days and ordered the police to present the accused on February 21. The court also sent two employees of Baig, namely Ashfaq and Zulfiqar, to jail for judicial remand.
Meanwhile, Khosa moved an application in the ATC that sought Baig’s medical report. “The accused, Mohsin Baig, is suffering from diabetes and other illnesses. Baig was subjected to worst torture by the FIA,” it read and urged the court to give orders for submitting the media personality’s medical report.
