Irfan Siddiqui incident

Historic low for police and civil serviceCommentBy Ansar AbbasiISLAMABAD: Just contrary to ruling Pakistan Tehreek-e-Insaf (PTI)’s commitment of depoliticising the police and bureaucracy, the Irfan Siddiqui incident totally exposed the historic low to which the country’s civil service has been pushed.Although it is not yet known as to who had ordered the Islamabad police and administration to humiliate the 78-year old columnist, teacher, poet, author and former adviser to ex-PM Nawaz Sharif in such a crude fashion; the way police and civil administration of Islamabad capital territory acted it also speaks volumes about the level of their politicisation and failure to say no to such an illegality and maltreatment.This situation equally reflects badly on Dr Ishrat Husain and Arbab Shahbaz -- the two cabinet members who are responsible for reforming the police and civil administration.In a cloak and dagger style, dozens of Islamabad police officials gave a midnight knock and arrested Irfan Siddiqui without explaining what the old man’s crime was. As if a high profile terrorist was being arrested, Siddiqui was not even given the opportunity to inform his family members about his arrest. He was dragged and taken to police station. Only later, he was told about the “crime” which had nothing to do with him and pertains to some tenancy procedures to which even he was not a party.While police acted shamelessly in this case, the civil administration also acted deplorably. The Assistant Commissioner before whom Irfan Siddiqui was produced instead of quashing the fake case or at least releasing him on bail, sent him on 14 days judicial remand.She had fixed the case for Monday (29th July) but when the pressure came, the Assistant Commissioner set up her court of “magistrate” on Sunday, which was the off day, and granted Siddiqui bail before even his lawyers reached the magistrate’s court.There are multiple reasons as to why Irfan Siddiqui’s case became a fiasco for the PTI government. But the most unfortunate part of the entire episode is that the same police and civil administration have been ruthlessly used which was promised to be depoliticised and overhauled.Police lodged the FIR, arrested Irfan Siddiqui while the AC (magistrate) without applying her mind refused to release him on bail and sent him to jail on 14-day judicial remand despite the fact that Irfan Siddiqui was neither the owner of the property nor party to the agreement signed between the owner (Siddiqui’s son) and the tenant (who was also arrested), no prior notice was issued to the owner or tenant about their failure to report the details about the rented property to police and no one had ever contacted Siddiqui that what alleged wrong he had committed.Not only Siddiqui was totally irrelevant in the case, which was apparently framed only to arrest and humiliate him, there is also no other precedent in which the Islamabad police and administration had acted against any other owner and tenant in federal capital in a similar fashion.It is now clear that the Islamabad Capital Territory (ICT) has no law making it mandatory for citizens to report to police particulars of tenants whereas a web-based legislation was promulgated on the subject in Punjab four years back.Every time Section 144 (power to issue order absolute at once in urgent cases of nuisance or apprehended danger) of the Criminal Procedure Code (CrPC) is invoked to achieve this purpose in ICT. However, no order under this section can remain in force for more than two months unless in cases of danger to human life, health or safety, or a likelihood of a riot or an affray, the government otherwise directs.Some doubts are even being raised about the validity of 22nd July, 2019 order of District Magistrate Islamabad, which prohibits renting out of any property without the knowledge of police. It is said that only an inquiry can determine if the said notification was gazetted, properly promulgated, widely publicized or was a backdated one.It is said that the very definition of 188 PPC is disobedience of an order “duly promulgated“ by public servant. The punishment of violation of this order is one month and is thus bailable.A senior member of the civil bureaucracy lamented on how the police and civil administration acted in the Irfan Siddiqui case.“The only fatal casualty of this episode is rule of law,” the official said, adding, “how the bureaucracy acted in Irfan Siddiqui case is an ultimate disgrace for the civil service.”

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