by Munawer Azeem in Dawn, December 30th, 2022
ISLAMABAD: Though the interior minister claimed two days ago that suspects had been arrested in connection with last week’s terror attack in the capital, no one has so far been produced in court.
Despite failure to produce the suspects in the court to make their arrest or detention legal, the capital police also remained silent over the details of the development including identification of the suspects.
On Tuesday, a statement issued by the interior ministry said Interior Minister Rana Sanaullah in an interview to a private news channel stated that four to five suspects including their handler had been arrested in the terror attack case.
Advocate Azhar Shah, retired DSP legal of the police, when contacted, told Dawn that a suspect or accused arrested by police in any case, including terrorism, should be produced in court for remand within 24 hours under section 167 of the Criminal Procedure Code (when investigation cannot be completed in 24 hours.
CrPC 167 states: “Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-tour hours fixed by section 61, and there are grounds for believing that the accusation or information is well-founded, the officer in-charge of the police-station or the police-officer making the investigation if he is not below the rank of sub-inspector shall forthwith transmit to the [nearest magistrate] a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the accused to such magistrate.”
Under CrPC 61 (person arrested not be detained more than 24 hours), no police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a magistrate under section 167 exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the magistrate’s court.
Sources close to the investigation told Dawn that the Counter-Terrorism Department had seven suspects in custody in connection with the terrorism, and investigation was in progress to establish their involvement in the case. The suspects are under investigation and are yet to be produced in the court as nothing concrete has so far been found against them, they added.
However, they should be produced in the court of law for obtaining their physical remand for investigation and interrogation otherwise their detention was a violation of the law, they added.
The terrorism incident created a sense of insecurity among the residents, especially the diplomatic community in the capital and a number of foreign missions issued advisory for their countrymen.
A police officer, who also worked in the police legal branch, said detaining suspects and accused without taking their remand from the court created doubts which benefited the suspects.
Despite repeated attempts, police officers concerned were not available for comments.
Meanwhile, Interior Minister Rana Sanaullah, DIG Sohail Zafar Chattha and other senior officers visited Pims to inquire about the health of constable Mohammad Hanif, who was injured in the Friday’s blast. He presented a bouquet and a cheque to the constable.
The minister paid tributes to the constable for his dutiful and professional performance and for trying to capture the terrorist without fearing for his life. The professionalism and presence of mind of the policemen saved the capital from a major incident, he added.
https://www.dawn.com/news/1728894/no-suspect-held-in-terror-case-produced-in-court
