High Court Rules Arrest Without Legal Process as Kidnapping
Islamabad: In a landmark ruling, the Islamabad High Court (IHC) has declared that any arrest made by police without following due legal process amounts to kidnapping. The court observed that misuse of legal process and manipulation of justice renders such actions null and void under established legal principles.
According to Express News, the Islamabad High Court issued a significant order while addressing instances of police overreach, ruling that arrests made without lawful authority or procedure are illegal. The court stated that when legal process is abused and justice is compromised, the entire action stands invalid under settled law.
In its verdict, the IHC referred to established principles laid down by the Supreme Court, noting that if the foundation of an FIR is unlawful, all subsequent proceedings based on it must be set aside. The court further clarified that, as per the Supreme Court, the scope for quashing criminal proceedings is limited and such authority should only be exercised in exceptional circumstances.
The ruling was issued in a case related to the alleged abduction of a woman and minor children from Lahore and Bahawalpur. The matter stemmed from a financial dispute involving former PIA CEO Musharraf Rasool and citizens Muhammad Waqas and Aleem Suhail. The court released a 16-page written judgment, authored by Justice Mohsin Akhtar Kayani, while hearing petitions seeking the quashment of cases registered against Muhammad Waqas, Aleem Suhail, and Aleem Suhail’s wife, Sana Suhail.
The court quashed the police case against Muhammad Waqas, Aleem Suhail, Sana Suhail, and Arham Waqas. Referring to a report submitted by the Deputy Inspector General (DIG), the judgment noted that show-cause notices had already been issued to the police officials involved in the incident.
The written decision also directed the Inspector General of Islamabad Police to initiate action against officials allegedly involved in a fake police encounter. The court ordered that a fine of Rs100,000 be imposed on each such official, with the amount to be paid as compensation to the complainant, Sana Suhail.
Additionally, the Islamabad High Court ordered the police to return vehicles, cash, and jewelry seized from the woman. The Lahore Police were also directed to conduct merit-based investigations against the accused in the kidnapping case involving the woman and children. The court instructed the Inspector General of Islamabad Police to ensure implementation of the verdict and submit a compliance report within 30 days.
It is pertinent to note that FIR No. 653/25 had been registered at Tarnol Police Station, Islamabad, under charges related to a police encounter and other offences.
