The Islamabad High Court (IHC) has ruled that arresting an individual without following the prescribed legal process amounts to kidnapping, issuing strong observations on police excesses and abuse of authority.
According to court proceedings reported by local media, the high court held that if legal process is misused and justice is compromised, such action becomes void under settled legal principles. The court emphasized that police actions taken beyond lawful authority cannot be sustained.
In its detailed verdict, the IHC referred to established principles laid down by the Supreme Court, stating that if an FIR itself is found to be unlawful, all subsequent proceedings stemming from it must be set aside. The court further noted that, under Supreme Court jurisprudence, the scope for quashing criminal proceedings is limited and such authority should only be exercised in exceptional circumstances.
The ruling was issued in a case involving the alleged abduction of a woman and her minor children from Lahore and Bahawalpur. The matter was linked to a financial dispute involving former PIA chief executive officer Musharraf Rasool and two citizens, Muhammad Waqas and Aleem Sohail.
Justice Mohsin Akhtar Kayani authored the 16-page written judgment while deciding petitions seeking the quashing of cases registered against Muhammad Waqas, Aleem Sohail and his wife, Sana Sohail. The court ordered the dismissal of the police case against Muhammad Waqas, Aleem Sohail, Sana Sohail and Arham Waqas.
Referring to a report submitted by the Deputy Inspector General (DIG), the court noted that show-cause notices had already been issued to the police officials involved. The judgment directed the Inspector General of Islamabad Police to initiate action against officers allegedly involved in a staged police encounter.
The court also imposed a fine of Rs100,000 on each of the responsible police officials, directing that the amount be paid as compensation to the complainant, Sana Sohail.
Additionally, the IHC ordered the return of vehicles, cash and jewellery allegedly taken from the woman during the incident. The court instructed Lahore police to conduct investigations on merit in the abduction case involving the woman and her children.
The Islamabad police were directed to ensure full implementation of the court’s orders and submit a compliance report within 30 days.
The case relates to FIR No. 653/25, registered at Tarnol police station under charges including a police encounter and other offences.
