ISLAMABAD : Black sheep in the police department are tarnishing the exemplary reputation of Islamabad Police by working in cahoots with property dealers out to blackmail ordinary citizens.
Police have no jurisdiction in civil matters but Banigala police have made it a routine to register fake first information reports (FIRs) to help fraudulent property dealers corner innocent people for extortion.
Recently, Sub-Inspector (SI) Mian Khan of the Banigala police station registered a bogus FIR No. 240/20 under Sections 447, 506ii, 511, 148 and 149 of the Pakistan Penal Code (PPC) against a government employee Mushtaq Ahmed from whom the complainant property dealer has been demanding “extortion money.”
According to details, the wife of Mushtaq Ahmed bought a 13.5 marlas residential plot in Banigala against cash payment that was duly registered in her name and she took peaceful possession on 15 December 2017. She also erected a boundary wall in the first week of January 2018. Earlier this year in May, she started constructing her house. A local property dealer Adeel Abbasi filed a suit for declaration and permanent injunction against the husband of the lady owner, Mushtaq Ahmed, on 26 June 2020.
The lady owner also filed a suit for declaration and permanent injunction in the civil court and was granted a stay order on 02 July 2020.
It is pertinent to note that her civil suit was against Adeel Abbasi and Banigala police. Mushtaq Ahmad duly informed and shared a copy of the stay order with the Banigala police the same day. Adeel Abbasi was also duly issued court notices of the stay order.
In the wee hours of 06 July 2020, Adeel Abbasi demolished one newly constructed room wall with his accomplices. Mushtaq Ahmed informed the police of the crime the next morning and requested action against Adeel Abbasi and his accomplices.
Police summoned both parties to inquire into the facts on 07 July 2020. Adeel Abbasi did not produce any documentary evidence of ownership and confessed he deliberately demolished the newly constructed room wall.
Mushtaq provided registered sale deed and ancillary documents of his wife’s ownership to Sub-Inspector (SI) Mian Khan.
Strangely enough, the police did not register a case against the property dealer for trespassing and demolition. Instead they merely prepared a Qalandara under Section 427 of the PPC and sent it to Assistant Commissioner Tarlai for further proceedings.
At the reluctance of the police to register a case, the lady owner filed a contempt plea before the civil court against Adeel Abbasi over the violation of court orders. The next date for hearing has been fixed for 08 September 2020.
Oddly, Banigala police registered an FIR No.240/20 against Mushtaq Ahmad despite knowing the matter is of civil nature and is subjudice. They also named his brother and seven unknown persons in the FIR. Sub-Inspector Mian Khan registered the FIR fully knowing the matter was subjudice. Rather, he mentioned in the FIR that the Deputy Inspector General (DIG) Operations had marked the property dealer’s application. TLTP tried to contact DIG Operation Waqar-Ud-Din Syed for comments but he did not respond.
Mushtaq and his brother were forced to secure pre-arrest bail in the matter. They then reported to the investigation officer as law abiding citizens. Recording their statement, they told the police the matter is of civil nature. They requested to cancel the false FIR asserting the matter was sub judice.
However, the hapless family’s tale of misery did not end. Adeel Abbasi filed yet another application before Banigala police which was promptly marked to Sub-Inspector Mian Khan. In the fresh application Adeel Abbasi has alleged Mushtaq and his brother were harassing him as they were roaming free on pre-arrest bail. He claimed that one Wali representing Taji Khokhar called him twice to issue threats. Adeel Abbasi requested police to arrest Mushtaq Ahmed and his brother.
To add insult to the injury, the same investigation officer SI Mian Khan who had registered the baseless FIR No 240/20 has been assigned to the case. He again summoned Mushtaq Ahmed to the police station. Mushtaq categorically denied making any calls or issuing any threats to the property dealer. However, the malafide of the Banigala police was clearly evident as the SI threateningly said to Mushtaq that he has not forwarded the FIR to his department yet.
It is clear as the day that authorities are intervening in support of the property dealer despite the fact law does not allow interference by the police into civil matters. The police role becomes doubly dubious as they know fully well the matter has been subjudice.
The writer heads a leading news wire service ‘The Law Today Pakistan’ commonly known as TLTP. He has a special focus on news relating to superior courts adjudication, access to right of information, civil, political, social and economic rights under the approach that existing cyber regime realization ensures procedural fairness in administrative law. He can be reached at firstname.lastname@example.org