IHC directs Islamabad IGP to probe alleged torture of Mohsin Baig in police custody

The Islamabad High Court (IHC) on Friday directed the capital’s inspector general of police (IGP) to probe allegations that media personality Mohsin Jamil Baig is being subjected to torture while in police custody and submit a report on the matter.

The IHC issued the order on a petition filed yesterday by Baig’s wife, Shehla Mustafa, requesting the court to quash cases registered against Baig.

Baig has been named in two cases — one registered with the Federal Investigation Agency (FIA) and the other with Margalla police.

Subsequently, an FIA team raided Baig’s residence in Islamabad on Wednesday, taking action on Saeed’s complaint. During that raid, officials allege Baig shot at and roughed up members of the FIA team, following which he was arrested by police and a separate case was registered against him for attacking government officials.

Today, IHC Chief Justice Athar Minallah took up the petition involving the criminal case against Baig, registered after he allegedly attacked the FIA team raiding his house. However, Justice Minallah did not approve the petition to quash the case, saying that Baig needed to be the petitioner himself for the court to consider that plea.

Observing that Mustafa had essentially sought the quashing of the criminal case against Baig, the court said in its written order that the “petitioner’s husband has been formally arrested in the case and, therefore, he alone can be treated as an aggrieved person” in this regard.

Earlier during the hearing, Justice Minallah had also said, as stated in the court order, that Baig would have to file a petition himself for the quashing of the police case against him.

“We cannot set an example of issuing an order on the plea of a third party,” he said.

But the judge said allegations of torture under police custody were “grave” and asked the police chief and a judicial magistrate to look into these allegations and submit a report on them.

In its order issued on Mustafa’s petition, the court said the petitioner’s counsel maintained that Baig was “manhandled and physically harmed while in the custody of the in-charge of the police station, Margalla”, and had been “denied access to a lawyer of his choice”.

“It is noted that no accused, regardless of the gravity of the alleged offence, can be treated otherwise than in accordance with law, let alone being subjected to physical harm,” the court order read.

Based on these observations, the IHC directed the Islamabad IGP to “independently” carry out an inquiry regarding Baig’s treatment and submit a report at the next hearing on February 21.

The court also sought a report from the Islamabad district magistrate, directing him to inspect the Margalla police station and probe allegations of Baig’s manhandling, torture and denial of access to a lawyer.

Moreover, the court issued a notice to the Islamabad attorney general in the case.

“It is reiterated that regardless of the gravity of offence, manhandling and torture of an accused during custody in a police station is intolerable and such acts are likely to expose the responsible officials to consequences,” the court said in its order.

Mustafa’s lawyer, Latif Khosa, had also claimed in court that an additional sessions judge, who had declared the raid on Baig’s house illegal, was being “threatened”.

“It is being said that action will be taken against the additional sessions judge,” he said, referring to media reports on the matter.

“This matter is being linked to the prime minister,” Khosa said in court today, at which Justice Minallah assured him that no judge could be threatened and told him not to worry.

When Khosa said all television channels were airing this news, Justice Minallah replied: “Let them do whatever they are doing. Courts are above all this.”

With regards to the allegations of torture, the judge said the Islamabad police chief should ensure that Baig was treated according to the law. He added that Baig should also be allowed to meet his lawyer.