SC takes exception to filing of appeal against FIR registration

KARACHI: The Supreme Court on Friday took an exception to filing of an appeal by the Sindh Prosecution Department against the registration of an FIR in the missing person case and directed the prosecutor general Sindh to explain as to why an appeal has been filed on the court order with regard to registration of the FIR order.

Hearing the appeal of the prosecution department against registration of an FIR order in the missing persons case, the SC’s two-member bench, headed by Justice Qazi Faez Isa, inquired from the prosecutor general, Sindh, as to why the prosecution department had gone for an appeal against registration of the FIR order in a missing person case asking him as whether it were a police state.

Mohammad Iqbal Patel submitted that his brother Mohammad Nadeem Patel had been allegedly kidnapped by the In-charge Counter Terrorism Department Raja Umer Khattab and the High Court had ordered registration of an FIR against police officials, including CTD in-charge, while allowing his petition.

The court inquired from the prosecutor general as to why the prosecution department had filed an appeal instead of Raja Umer Khattab, observing as to whether Umer Khattab was so influential that he was running the Sindh Prosecution Department. The court inquired from the prosecutor general as to whether his department was facilitating the accused involved in enforced disappearance of citizens. The court observed that the prosecution department has made a mockery of law and the Constitution.

The court observed that it is unfortunate that the State has filed an appeal against the registration of FIR, inquiring from the prosecutor general as to whether the prosecution was protecting the accused against whom the FIR has been registered.