A case has been registered with the Federal Investigation Agency (FIA) Anti-Corruption Circle Lahore against nine National Cyber Crime Investigation Agency (NCCIA) officers — including six whose whereabouts remained unknown for several days until yesterday — for allegedly misusing their authority, it emerged on Tuesday.
The first information report (FIR), a copy of which is available with Dawn.com, was registered on the complaint of Aroob Jatoi, the wife of YouTuber Saadur Rehman alias Ducky Bhai, who has been arrested in a case pertaining to promoting gambling apps on social media[1].
A total of nine NCCIA officers have been nominated in the FIR, including Additional Director Sarfraz, Lahore NCCIA Deputy Director (acting in-charge) Zawar Ahmad, Lahore NCCIA Sub-Inspector Ali Raza, Lahore NCCIA Assistant Director Shoaib Riaz, Lahore NCCIA Sub-Inspector Yasir Ramzan and Lahore NCCIA Assistant Director Mujtaba Zafar, who were said to be missing until the FIA announced[2] their arrest yesterday on charges of misuse of authority and bribery.
Muhammad Usman, the NCCIA deputy director operations in Islamabad, who too has been missing[3] for several days, is also among those nominated in the FIR, which was registered yesterday at 7.35pm.
Others nominated in the case include Islamabad NCCIA Deputy Director Ayaz Khan and Salman Aziz.
The FIR has been registered under Sections 109 (punishment for abetment if the act abetted is committed in consequence and where no express provision is made for its punishment) and 161 (public servant taking gratification other than legal remuneration in respect to an official act) of the Pakistan Penal Code, read with Section 5(2)47 of the Prevention of Corruption Act, which deals with criminal misconduct by public servants.
Plea for production of 6 NCCIA officials
Earlier today, the lawyer of six NCCIA officials arrested by the FIA submitted an application to a judicial magistrate in Lahore, seeking their production before the court. The application, a copy of which is available with Dawn.com, filed by Barrister Mian Ali Ashfaq stated that the officials had been formally arrested by the FIA Anti-Corruption Circle Lahore.
“Since their arrest, neither the family nor the legal counsels are allowed to meet with the suspects; so much so, FIA officials have also refused to issue [a] copy of [the] first information report (FIR) in which the aforementioned suspects’ arrest has been caused, which is a glaring violation of all the settled norms and principles of fair investigation and fair trial as guaranteed under Article 10A of the Constitution of Islamic Republic of Pakistan, 1973 and also the violation of Police Rules, 1934 and Police Order, 2002; as well as different standard operating procedures (SOPs) issued by the department,” the application read.
It highlighted that the relevant investigating officer or investigation agency was bound to produce arrested individuals before the competent court within the first 24 hours of detention.
“However, in a design, and manner, the suspects are arrested, kept and not being allowed to meet with family members as well as their legal counsels, it is seriously apprehended that the suspects may not be produced before this honorable court which equates to illegal confinement for a longer period and such action on part of [the] investigation officer is a sheer violation of Section 167 of the Criminal Procedure Code, 1898 and Articles 10 and 10A of the Constitution of Islamic Republic of Pakistan, 1973 as well as Police Rules, 1934 and Police Order, 2002.
“That the above highlighted unlawful actions, on part of the police, are not only violative of Articles 4, 9, 10, 10A, 13 and 14 of the Constitution of Islamic Republic of Pakistan, 1973 with respect to right of individuals to be dealt in accordance with law etc., security/ liberty of person, safeguards [against] arrest and detention, right to fair trial, protection against self-incrimination and inviolability of dignity of man etc., but also very inhuman as being against the basic human rights,” the application stated.
It added that courts were the “guardian[s] of liberty of citizens and the abuse of power to rope innocent people in order to humiliate them should equally be kept under scrutiny and such unlawful actions should be curbed”. The application further mentioned that the right of liberty was one of the “most precious rights”, which had been guarded by the Constitution and courts.
In the application, the lawyer sought the court’s directives for the FIA Anti-Corruption Circle Lahore deputy director and the FIA director for Lahore to produce the NCCIA officers before it at the earliest in the “supreme interest of justice, equity and fairplay”.
Controversies and transfer
Among the six NCCIA arrested officers, Additional Director Sarfraz was reportedly removed[4] over different controversies last month and asked to report to the NCCIA headquarters, Islamabad. He said he was transferred to the headquarters and he had sought a six-month leave.
The three controversies were about laying hands[5] on a number of YouTubers/social media influencers, including Saadur Rehman, popularly known as Ducky Bhai and Rajab Butt, for their alleged involvement in unregulated online trading and online gambling apps.
The other was the registration of a case against some lawyers who allegedly tried to get a suspect released from the NCCIA. The third controversy related to a tiff between a group of Lahore’s journalists and a serving deputy inspector general of police and some other police officials, as the former moved the NCCIA to act against the latter. According to an official, Chaudhry was transferred in light of different complaints against him.
When approached for comment earlier, an NCCIA spokesperson had previously declined to comment on the missing officers, terming it a “serious matter”.
However, sources had told[6] Dawn that the officers’ disappearance was linked to their investigations into social media influencers and their financial crimes.
Separately, on Friday, the Islamabad High Court had granted the police one more week[7] to trace missing NCCIA Deputy Director Muhammad Usman, who has been missing[8] for several days. The development came during the hearing of a petition filed by Rozina Usman for the recovery of her husband. She alleged that four armed individuals abducted her husband on October 14.
The court was also informed that the petitioner had herself gone missing after initiating the case. The development had prompted the court to seek an updated report from the police on both disappearances.
References
- ^ case pertaining to promoting gambling apps on social media (www.dawn.com)
- ^ announced (www.dawn.com)
- ^ missing (www.dawn.com)
- ^ reportedly removed (www.dawn.com)
- ^ laying hands (www.dawn.com)
- ^ sources had told (www.dawn.com)
- ^ granted the police one more week (www.dawn.com)
- ^ missing (www.dawn.com)