PESHAWAR: The Peshawar High Court (PHC) on Wednesday restrained the National Cyber Crime Investigation Agency (NCCIA) from harassing a chartered accountant, who had accused two of its inspectors of illegal detention, torture and extortion.
The court also directed that the petitioner shall not be harassed and that any action against him, if warranted, shall be taken strictly in accordance with the law.A division bench comprising Justice Wiqar Ahmad and Justice Kamran Hayat Miankhel passed the order while hearing a writ petition filed by Muhammad Sohail Khan through his counsel Shahid Mahmood advocate.
The petitioner’s counsel argued that his client, a chartered accountant associated with the construction business, was unlawfully picked up from a private restaurant in Peshawar on July 2 by two NCCIA inspectors without a warrant and taken to the agency’s office, where he was allegedly subjected to torture.
He pleaded that the officials demanded Rs250 million from the petitioner, confiscated Rs5.2 million in cash and his mobile phone, and forced him to affix his thumb impressions on a confession under duress.
It was further argued that after his release, the petitioner underwent a medical examination at a private hospital in Islamabad, where injuries allegedly caused by torture were documented.The petitioner’s counsel also alleged that the officials had misused their authority by unlawfully interfering in his private affairs.
After a preliminary hearing, the bench directed that the petitioner shall not be harassed and that any proceedings against him shall be conducted strictly in accordance with the law.The court issued notices to the respondents and directed the federal government and the NCCIA to submit their comments within a fortnight.
The petition seeks an inquiry against the two inspectors, their suspension from service, preservation of CCTV footage from the restaurant and the NCCIA office along with other electronic evidence, a declaration that the alleged confession was obtained illegally, and directions for the return of the Rs5.2 million in cash and the seized mobile phone.
