MQM - Political Desk

W.11 · Feb 14, 2014

Zero Dark Thirty - ARY BLOGS - ARY NEWS

Zero Dark Thirty
Posted by: Nehad Saleem February 13, 2014 in Off the Record Leave a comment

According to different provisions of Article 9 and 24 of the Constitution of Islamic Republic of Pakistan, State is under constitutional obligation to protect the life, liberty and the property of the people. These provisions speak a loud about fundamental rights of every citizen of this country.

During the Karachi operation, it was widely witnessed that the majority of the arrests were made under section 54 of the Cr. P.C. (Criminal Procedure Code). This section provides a variety of reasons through which a suspect can be arrested for investigation/interrogation purpose.

Although some of very significant aspects of basic human rights were denied during arrests and investigations through Section 54 of the Cr.P.C. Every passing day, a new case of inhuman tortures and Extra Judicial murders were highlighted by the media. It should also be noted that automatic arrests without bringing some incriminating material against accused on the record was deprecated because the life and liberty is a most precious and an inalienable constitutional right which cannot be denied or ignored.

Article 4 of the Constitution says: To enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Pakistan.

Recent case of Fahad Aziz, a young man from a middle class area of Karachi, was arrested when he was on the way to his Nikkah ceremony. The Police officials who arrested Fahad Aziz with one of his associated claimed that he was booked under Section 54 of the Cr.P.C. The Police chief, Shahid Hayat, also announced prize money and performance certificates for the officials who arrested Fahad Aziz.

This story developed in the media when the majority mandate holder of Karachi, the Muttahida Quami Movement claimed Fahad Aziz to be their worker and candidate for Local Government Elections of 2014 from Korangi. Later in the night, the top brass of MQM visited the protesting family of Fahad Aziz at Karachi Press Club. Speaking with the press, MQM’s spokesman claimed that Fahad Aziz was not involved in any criminal activity and his arrest from his own wedding ceremony was illegal, humiliating and against the fundamental human rights provided by the constitution.

Earlier in the morning, Fahad Aziz was released from the custody of the police and was admitted to a private hospital in a critical condition. His medical report claimed 3rd degree torture where his lips and genitals were electrocuted and he was given petrol enema. His body was covered with torture marks while his head had internal injuries.

Meanwhile, the police chief emphasized that Fahad Aziz had already provided some very useful information to the police during detention and they will again interrogate him when he recovers. This story took a turn when Human Rights Commission of Pakistan took notice of torture on Fahad Aziz and issued a press release demanding the probe of allegations of torture and Extra Judicial murders against Police and other law enforcement agencies which were leveled by Muttahida Quami Movement.

The police, later in the day announced that they have released Fahad Aziz on personal bond and said that no criminal record was found during interrogation. The officials involved in torturing Fahad Aziz were also suspended and an inquiry was ordered.

The question arises that why the Police Chief announced prize money for the officials who arrested and tortured Fahad Aziz in the first place. And if Fahad Aziz had a criminal record, or if he had confessed to any crime during detention, why he was released.

It is clear that 3rd degree torture on any human could be useful for getting a satisfactory confessional statement. But such statements don’t have any significance when brought in the court of justice. The torture that Fahad Aziz faced during detention was illegal, humiliating and against the fundamental rights of any individual provided in the Constitution.

For extra judicial or custodial killings, Article 9 clause 4.2 of the Constitution says it clearly that “Police is not possessed of right to murder or kill or take life of any citizen accused of any offence only for the reason that such person was involved in criminal cases and kept a previous bad record.

Under the law, presumption of innocence would continue until he was proved guilty. Where the police machinery takes law in its hands it is to be dealt with in the same manner as the ordinary citizens are dealt with. Nobody could be allowed to take law into his hands and it was the duty of the courts to curb the highhandedness sternly. Law cannot be illegally stretched to eliminate the persons without trial.

It is mandatory that Police officials are to act in aid of enforcement of Article 9 of the Constitution which guarantees, a fundamental right that no person shall be deprived of life or liberty saves in accordance with law. Public functionaries like Police, therefore, are to act in aid of enforcement of the said constitutional provisions rather than to violate the same and to expose themselves to criminal prosecution.

Having said that, it is a constitutional compulsion that a case under section 302 of PPC (Pakistan Penal Code), should be registered against the officials who were involved in torturing Fahad Aziz.