Minister’s farmhouse issue: JIT finds high-handedness of Islamabad Police with Bajaur family

ISLAMABAD: A Joint Investigation Team (JIT) probing alleged misuse of power by Federal Minister Azam Swati has came up with a damning indictment of the capital police for their “highhandedness” against a poor family of Bajaur on behalf of the billionaire minister.

The report submitted with the Supreme Court, a copy of which available with The News, highlights police’s one-sided probe and also criticises the Minister of State for Interior Shehryar Afridi for visiting Swati house but not visiting the poor family to know the real facts.

“It also came in evidence that Minister of State for Interior, Government of Pakistan along with DIG Operations and SSP Operations visited Muhammad Azam Khan Swati in his farmhouse on 27 October. However they did not visit the other family to their house or police station to know the real facts specifically when Minister of State for Interior himself admitted before the JIT that he was not given full facts of the case by Muhammad Azam Swati,” says the report.

The report says the statement of the Minister of State for Interior before the JIT is eye-opening to the affect that “When I visited the spot even Azam Swati had not informed me about the full facts of the case nor I met Usman Swati.”

At the most it was an incident of ordinary scuffle on trivial grounds outside his farmhouse, the report reads. “However the Minister Azam Swati claimed and reported of ‘Attack’ on his farmhouse. He, by virtue of and in the context of his office as Senator/Federal Minister created a false and made-up impression of serious attack which triggered the police hierarchy from top to bottom and other federal authorities into motion,” the report says. “Above all Azam Swati in his statement before the JIT accepted his mistake that he had overplayed in the circumstances,” it adds.

JIT concluded after thorough investigations that “the police since inception of occurrence did not hold the investigation in a just and fair manner. In view of the above circumstances, actions, inactions of police pursuant to the FIR, one can easily conclude the deliberate negligence of police official in proceedings with the investigation. In fact the police have colluded with the Swati family in furtherance to their designs,” says the report.

The report is signed by JIT head Irfan Naeem Mangi of the National Accountability Bureau, and its members Ahmad Rizwan of the Intellegence Bureau (IB) and Mirvais Niaz of the Federal Investigation Agency (FIA).

The JIT was formed by the Supreme Court after the abrupt transfer of Inspector General Police Islamabad Jan Muhammad on 27th October allegedly after failing to attend Azam Swati’s telephone calls. Swati had told media that he lodged the complaint to police on 24th October against his neighbor Muhammad Niaz from Bajuar who was allegedly posing a threat to his life and was illegally encroaching on government land. Later on 26th October Swati reported that the members of Niaz family attacked his house after their trespassing cow was detained by his gaurds. Police acted immediately and arrested the poor neighbours including women and children.

After its formation, JIT visited the scene and questions both parties. Not only the JIT found misuse of authority by Swati against his poor neighbours but also the fact that the Minister himself has illegally encroached on government land.

“By virtue of his post Swati wielded his influence and prevailed upon the authorities by misusing his office and profile leading to arbitrary, discriminatory treatment to the private citizens of Niaz Muhammad’s family, at the hand of police,” reads the report.

The report also carried stance of Azam Swati who claimed that he lodged a complaint with IGP Islamabad on October 24 and requested him to initiate action the Bajauri family settled in neighbourhood. He maintained that members of Niaz family hurled threats on them, “in this context I talked to DSP Syed Ashraf Shah and SSP Operation on the same day following the application, he personally talked to IGP as well. He added that on October 26 a cow owned by Niaz family had trespassed into his farmhouse and destroyed the garden/ fruit trees.

Upon prevention, Niaz Muhammad family (10, 15 individual) attacked his farmhouse and severely injured Chaukidars [watchmen]. Swati maintained that he continuously called IGP to express concerns but neither he attended his call nor did he do anything for about 22 hours. He maintained after hectic efforts, he was able to ensure police action after the incident. On 27th October he complained to Minister of State for Interior Shehryar Afridi in this regard.

The JIT during ground check also observed fencing made around Farm 71 (Swati’s farm). The team also noticed illegal construction on encroached land as well as construction recently demolished there. “The team also discovered stairs covered underneath garbage in the encroached area on the rear side of the farmhouse. Pictures were also taken,” says the report.

In its finding JIT said that the matter was irked by Jahanzeb (Swati’s employee) under the pretext of grazing and destruction of trees of farmhouse by a cow of Niaz family. “However no such sign of cow grazing or destruction of trees was pointed/ observed during the course of site visit and investigation by JIT inside or outside the farmhouse.”

The report says the stated position of the Swati family and his servants regarding cow grazing “has no basis whatsoever and thus found to be false, concocted, fabricated, inconsistent and factually incorrect.”

On the day of occurrence, whole police machinery was activated upon his assertions. The police authorities were so concerned about Azam Swati’s complaint that they even did not bother to act upon Rescue15 call by Ahsanullah S/O Niaz Muhammad. Further DIG (Operation), SSP Operations, SP (Rural) and SHO PS Shahzad Town remained directly involved in the matter. The influence was of such a kind that SHO even asked Usman Swati if he wants inclusion of names of women in FIR. It was repeated by Usman Swati during investigation by JIT that SHO asked him if they want FIR against the women.

The JIT report said Usman Swati contacted his father Azam Swati to consult about inclusion of women in FIR. The report said Azam Swati directed SHO to consult his DIG Operations “since he will be held responsible”.

“This further affirms that police officer never investigated even a single issue against Swati’s side,” the report said. The JIT found that the injured women of Niaz family were improperly treated by all aspect. The police also arrested them, took them to police station and detained them in absence of female police official.

It says police totally ignore presence of firearm with Swati’s gaurds despire clearly reporting the snatching of magazine. The team says the cross version of the accused party could have been registered under Section-379 PPC against Swati’s family for illegally detaining cow as they had admitted the offence of dishonestly detaining the cow of Niaz family on the pretext of grazing and damaging the garden. Even knowing that police investigation officer did not bother to record the cross version.

The report added that medical examination of women was delayed despite knowing the fact they were also injured in the incident. The injured male guards of the complainant side were immediately sent to the hospital for examination. However, it took police about two hours to send the accused female for medical examination after receiving medico legal report Investigation officer (I.O) did not bother to incorporate offenses Section 337-L (1 or 2) of PPC.

The women and Ahsanullah told JIT that they had requested the I.O and SHO for lodging of their complaint. Morover IO under influence receive MLC of ladies on 31 October, later I.O simply wrote down in his case diary that no one has appeared to file application on behalf of injured women.

The JIT says section 154 CRPC does not require any written application and the police ignored the oral request of Niaz Muhammad. The JIT also concluded that police wrongly arrested Ahsanullah for theft of the magazine while it was clear that magazine was snatched during scuffle in self defence.

It added that the police used section 147 and 149 and 382 of PPC out of blue to arrest women folk and other family members. This did not stop here, JIT says and the police next day arrested a juvenile namely Salah-ud-Din son of Niaz in garb of same offence. As per the family, Salah-ud-Din was also not present at the time of incident and went to police station to look into the matter where he was arrested.

“IO again incorporated section 411-PC which again shows highhandedness as it applies to stolen property and not to any other property. An ultimate example of highhandedness of police officials is the incorporation of section 427-PPC in the case despite knowing the fact that the alleged and claimed plants reportedly grazed by the cow are on CDA land and that piece of land infact does not belong to Azam Swati”, the report said.

The JIT says Azam Swati was directly involved in all the actions in respect of harassing and punishing Niaz Muhammad and other family members. The perusal of police file reveals that police officer Bashir Malik SHO Shahzad Town and Shafqat Niazi I.O of the case initially registered FIR NO247/18 U/S 382, 147 and 149 PPC on 26 October 2018 and later on added Section 337A(ii) PPC on basis of MLR, Section 289-PPC on basis of MLC and Section 411 and 427 PPC Subsequently, says the report

It adds that police also failed to register the complaint of Niaz Family that the solar panel installed over their mud-house was destroyed in firing by Swati’s guard. The JIT found the panel was replaced later by Swati’s wife which confirms that it was indeed damaged.