Powers to arrest rest with police, says IHC

ISLAMABAD: The Islamabad High Court (IHC) judge Justice Mohsin Akhtar Kayani Monday remarked that only police were entitled to making arrests as per law but other institutions were also doing this job.

He passed these remarks while hearing a petition seeking recovery of a missing citizen Abdul Quddus. The court wrapped up the petition with necessary directives after Mr. Quddus returned home before summoning of the interior minister. Secretary interior appeared before the court. Additional Attorney General (AAG) told the court that Abdul Quddus had reached home. Justice Kayani remarked that the motive behind summoning the interior minister and interior secretary was toinform them about the rising cases of missing persons.

“According to police, the number of missing persons in Islamabad has surpassed 50. The powers to arrest rest with the police only as per law, but here other institutions are arresting people too,” said the judge.

The AAG told the court that the prime minister and federal cabinet had already taken notice of incidents of missing persons. Justice Kayani remarked that the PM and federal cabinet should be informed about the overall situation.

“If this is the situation in Islamabad, then what would be happening in other parts of the country? The courts cannot recover people on their own by going therein. The orders have to be issued to the police,” said the judge.

He observed that it was a responsibility of the federal government to safeguard fundamental rights of the people. It would be misconduct on the part of federal government if any institution hampered the process of protection of rights, Justice Kayani remarked.