Perween Rehman case: SHC declares detention of suspects ‘unlawful’

• SHC declared detention of accused under MPO as unlawful.
• Court had overturned the death sentences of five suspects in the murder case
• Perween Rehman was gunned down in Orangi Town in 2013

KARACHI: The Sindh High Court (SHC) on Monday declared the detention of the accused in Perween Rehman murder case as unlawful.

Social activist Perween Rehman, who was the head of the Orangi Pilot Project (OPP), was gunned down in Orangi Town on March 13, 2013. Last month, the high court overturned the death sentences of five suspects handed by the Anti-Terrorism Court (ATC) in the murder case.

The accused were later detained for 90 days under the Maintenance of Public Order (MPO) Ordinance, 1960 (MPO). The suspects Rahim Swati, Amjad Hussain, Ayaz Swati, Imran Swati, and Ahmed Hussain challenged their detention in the high court.

Justice K.K. Agha presided over the hearing of a petition filed against the detention. Secretary Home Ministry, Inspector General of Sindh Police Ghulam Nabi Memon, and other officials appeared before the court

The counsel of the accused argued the detention was against merit, unlawful, and a violation of fundamental rights. He said the petitioners were acquitted in the murder case by the SHC as the prosecution failed to prove the charges.

Additional Advocate General Sindh said that a person can be detained under the MPO over any concern and reports.  He argued the notification was not issued under pressure or any foul intentions.

The court questioned the IGP Sindh on the basis of what evidence the police detained the five men despite their acquittal on November 21. The police chief replied the action was based on two different intelligence reports from the Intelligence Bureau (IB) and the Special Branch.

The court ordered the government attorney to present any evidence or the criminal record of the five men. The court expressed displeasure in declaring a criminal without any record.

The presiding judge remarked the court was not satisfied with the departmental inquiry by the police/ He told the state counsel that a phone call was considered as an intelligence report.

AAG replied that the government could take an administrative decision. IGP Sindh requested the court to give another chance to submit their reply.

The court said action should be taken against botched police investigation. The judge said police officials not presented any substantive evidence for holding the men in custody for 90 days under MPO.

The court declared the notification of the detention of five men under MPO unlawful.

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