Chief Justice's timely intervention: Setting a commendable precedent

Dawn, April 19, 2006
Children held for theft and kept in fetters freed on CJ’s orders
By our correspondent
HYDERABAD, April 18: Acting on the orders of the Chief Justice of the Supreme Court, Justice Iftikhar Mohammad Chaudhry, the district and sessions judge of Hyderabad on Tuesday freed two children arrested in theft cases.

The children were kept in chains after their detention in two cases by the Qasimabad police.

Police lodged complaints of Abdul Fatah Memon and Manzoor Ali Shah under section 14 of the Hudood Ordinance and 380 of the PPC against Muzamil Mallah, Asad Khaskheli and his brother Saeed Khaskheli.

The investigation police released Saeed Khaskheli after medical examination which revealed that he was nine years old.

His brother Asad and Muzmail Mallah were 14 years old.

According to police, complainants in both cases caught boys red-handed in their house and garage while stealing sanitary goods, water pumping machines and crockery.

Asad Khaskheli was booked in both FIRs while Muzamil Mallah was booked in one case.

Following the registration of the FIRs, police said Muzamil Mallah was arrested while Asad was produced before the civil judge and judicial magistrate-IV who remanded him to judicial custody for 14 days.

Muzamil was detained at the Qasimabad police station.

A TV network showed on Monday night the two detained children in chains at the Qasimabad police station which has no lock-up.

It prompted the apex court to take suo motu notice of the matter and the Hyderabad sessions judge was directed to proceed with the matter.

The judge visited the Qasimabad police station at midnight following directives of the apex court.

He released Muzamil Mallah on personal surety of Rs1,000.

The judge also visited the central jail in the wee hours on Tuesday to seek release of Asad but the jail administration expressed inability to set the boy free under jail rules which has no provision for release of arrested people in the night.

Asad was released on Tuesday morning upon submission of surety of Rs500 in each case which was submitted by Shahana Parveen of the Ansar Burny Welfare Trust.

Nasir Iqbal adds from Islamabad: The chief justice expressed dismay over shackling and handcuffing of the juveniles and directed the district judge to immediately suspend the police officials who had handcuffed and fettered the children illegally.