ISLAMABAD: The Islamabad High Court (IHC) in a ruling has censured the capital police for grossly exceeding their lawful authority, declaring an arrest carried out without due legal process as “kidnapping” and ordering disciplinary as well as penal action against the officials involved.
Justice Mohsin Akhtar Kayani issued a detailed 16-page written judgement while dismissing the police case registered against Mohammad Waqas, Aleem Sohail, his wife Sana Sohail and Arham Waqas. The court also ordered an inquiry into the alleged abduction of a woman and her three minor children, an incident linked with a multimillion-rupee Naval Farms land scam uncovered by a joint inquiry committee (JIC) last year.
The case arose from an FIR registered at Tarnol Police Station under the pretext of a police encounter and other penal provisions. The petitioners had challenged the legality of the police action, alleging abduction, fabrication of evidence and misuse of authority.
In its ruling, the court observed that arrest without lawful process amounted to kidnapping and that misuse of the criminal justice system vitiated the entire proceedings. Referring to settled jurisprudence, Justice Kayani noted that the Supreme Court had repeatedly held that where the very foundation of an FIR was illegal, the entire criminal action was liable to be quashed. However, the judgement clarified that the power to declare proceedings null and void must be exercised sparingly and only in exceptional circumstances — circumstances which, the court held, were fully established in the present case.
Probe ordered into alleged abduction of a woman and her three minor children in land scam case
According to the judgement, the DIG Islamabad, in his report, confirmed that show-cause notices had already been issued to police officials found prima facie responsible for the unlawful action. The court ordered the inspector general of police (IGP) Islamabad to proceed further against the officials involved in what it termed a “fake police encounter” and to ensure a transparent investigation into the episode.
As part of the relief, the court imposed a fine of Rs100,000 each on the guilty police officials and directed that the amount be paid to petitioner Sana Sohail as compensation. It also ordered the immediate return of vehicles, cash and jewellery seized from the woman. The IGP was directed to implement the judgement in letter and spirit and submit a compliance report within 30 days.
The court further directed that the Lahore police may investigate, strictly on merit and in accordance with law, the allegations relating to kidnapping of the woman and minor children, if any, without being influenced by the quashed proceedings in Islamabad.
The petition filed by Mr Waqas and others alleged that police officials, acting at the behest of unidentified individuals, abducted Sana Sohail, wife of Aleem Sohail, an employee at a private farm, along with her three daughters: 12-year-old Harim, seven-year-old Laiba and three-year-old Nimra, from Lahore on Sept 17 last year.
The petition stated that the woman and her children were later falsely implicated in a criminal case at the Tarnol police station.
The court noted that CCTV footage dated Sept 17 confirmed that the woman and her children were taken into custody at around 7am with the assistance of Punjab police and transported to Islamabad. However, the FIR was registered three days later under various provisions of the Pakistan Penal Code and the Arms Ordinance.
Justice Kayani observed that the incident preceded the registration of the FIR, raising “serious questions about the legality of the police action”. The investigation officer failed to identify who had ordered the operation or to justify the presence of two Suzuki Alto cars and other vehicles allegedly recovered and parked at the CIA centre in Islamabad.
The IHC proceedings were linked to a parallel high-level probe conducted by a JIC that uncovered a sophisticated land scam involving 136 kanals in Mera Begwal, Islamabad. The committee comprised senior officials, including Islamabad Deputy Commissioner Irfan Nawaz Memon, the directors general of the Inter-Services Intelligence and Intelligence Bureau, a senior superintendent of Islamabad police and a naval commander.
According to the JIC report, the land was illegally transferred through a manipulated general power of attorney, fake stamp papers and fraudulent affidavits. Financial transactions exceeding Rs383.8 million were traced.
The report identified Mohammad Waqas, a farm employee of a former PIA CEO, as a recipient of Rs326.95m. Another employee, Aleem Sohail, and his wife Sana Sohail were also found to have received large unexplained deposits.
The JIC expressed surprise that such huge sums were paid by land provider Faisal Mumtaz and the Pakistan Navy Benevolent Association without verifying ownership or contacting the actual landowner.
It recommended cancellation of the fraudulent mutation, freezing of assets, criminal proceedings against those involved and systemic reforms in property registration and biometric verification.
Published in Dawn, January 3rd, 2026.
