The Islamabad High Court (IHC) has delivered a landmark judgment against the abuse of police powers, declaring that arrests made without lawful authority amount to kidnapping under the law. The ruling reinforces constitutional safeguards and sends a strong message against misuse of police authority in Pakistan.
In its detailed 16-page written verdict, authored by Justice Mohsin Akhtar Kayani, the court observed that when law enforcement officials bypass due legal process, such actions cannot be protected under the guise of official duty. The court ruled that any proceedings initiated through illegal means must be declared void, as settled by established legal principles.
During the proceedings, the Deputy Inspector General (DIG) Islamabad informed the court that show-cause notices had already been issued to the police officials involved in the case. The court emphasized that misuse of legal authority not only undermines justice but also erodes public trust in law enforcement institutions.
Referring to Supreme Court jurisprudence, the IHC noted that the apex court has consistently held that if a First Information Report (FIR) is registered on unlawful grounds, all subsequent proceedings automatically collapse. However, the court clarified that the power to quash criminal cases must be exercised sparingly and only in exceptional circumstances.
The case stemmed from the alleged abduction of a woman and her minor children from Lahore and Bahawalpur. The dispute originated from a financial matter involving former PIA CEO Musharraf Rasool and citizens Muhammad Waqas and Aleem Suhail.
The petitions sought quashing of a criminal case registered against Muhammad Waqas, Aleem Suhail, Sana Suhail, and Arham Waqas. After examining the record, the court quashed the FIR, holding that the police action lacked legal justification.
The IHC directed the Inspector General of Islamabad Police to initiate departmental action against officials involved in the alleged fake police encounter. The court also imposed a fine of Rs. 100,000 each on the responsible officers, ordering the amount to be paid as compensation to the complainant, Sana Suhail.
Additionally, the court ordered the immediate return of vehicles, cash, and jewelry seized from the woman. It also instructed Lahore Police to conduct merit-based investigations into the abduction allegations.
The judgment pertains to FIR No. 653/25, registered at Police Station Tarnol, Islamabad. The Inspector General has been directed to submit a compliance report within 30 days, ensuring strict implementation of the court’s orders.
