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Official Citation: 2026 IHC 246380
Court / Jurisdiction: Islamabad High Court
Parties: MUHAMMAD ABBAS AWAN vs FOP
Ruling Summary: This decision was rendered by the Islamabad High Court, officially reported as 2026 IHC 246380. In this matter between MUHAMMAD ABBAS AWAN and FOP, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
COURT: Islamabad High Court (Honourable Mr. Justice Khadim Hussain Soomro) AUTHOR JUDGE: Honourable Mr. Justice Khadim Hussain Soomro DECISION DATE: 14-JAN-2026 CASE NO: Writ Petition-23-2026 CITATION: 2026 IHC 246380 PARTIES: MUHAMMAD ABBAS AWAN VS FOP LAW / SECTION: - SUBJECT: Miscelleneous, Other REMARKS: Habeus: A son is aggrieved that his father has been illegally abductees by police officials from Jamu Kashmir Society and custody with Punjab Police. Seeks reocvery. ============================================================ ORDER SHEET IN THE ISLAMABAD HIGH COURT, ISLAMABAD JUDICIAL DEPARTMENT
W.P No. 23/2026 Mudassar Abbas Awan Versus Federation of Pakistan, etc S. No. of order/ proceedings Date of order/ Proceedings Order with signature of Judge and that of parties or counsel where necessary. 14.01.2026 M/S Sajid ur Rehman & Israr Ahmed Qureshi Advocates for the petitioner. Mr. Aamer Abbas I.O/SHO, P.S Tarnol. Mr. Sajid Hussain Cheema DSP, Legal. Mr. Sana Ahmad S.I, P.S Tarnol.
Through this writ petition, the petitioner seeks the following relief;-
“ (i) Issue a writ in the nature of Habeas Corpus, directing the respondents, particularly respondents No.2 to 6 and 7, to immediately produce the abductee, Malik Qamar Abbas, before this Hon’ble Court,
(ii) Pending the production of the Abductee, direct the concerned respondents to file detailed reports clarifying their role, the reasons for the detention, and his current whereabouts;
(iii) Direct Respondent No.3 (DIG City/Operations, Islamabad) to preserve and produce all CCTV/video footage and photographs records pertaining to the raid conducted on 31.12.2005, at approximately 21: 00 PM,
(iv) Direct the respondents to provide a copy of any FIR, detention order, or judicial remand order concerning the Abductee, if any,
(v) Pass any other order which this Hon’ble Court may deem fit and proper in the interest of justice, equity and the protection of fundamental rights.
2. At the very outset, learned counsel for the petitioner submits that on 31.12.2025, at about 2100 hours, officials of the Islamabad Police, in association with the Punjab Police, conducted a raid at the office of the petitioner and forcibly took away the alleged detenue, whereafter his whereabouts have remained unknown. It is contended that the petitioner 2 W.P No. 23/2026
approached various police stations to ascertain the fate of the alleged detenue but to no avail. Learned counsel further submits that no FIR has been registered against the alleged detenue and that he is being kept in illegal and unlawful confinement, in blatant violation of the fundamental rights guaranteed under the Constitution as well as the settled principles of law. Learned counsel for the petitioner further submits that the respondents malafidely has shown the arrest of petitioner on 05.01.2026, whereas he was in illegal confinement with the respondents as soon as the petitioner filed the instant petition before this Court; his illegal arrest was shown and h e produced before the concerned Magistrate where he was released on furnishing surety bond in the sum of Rs. 50,000/-. 3. Learned counsel for the respondents submitted that in compliance with the directives of this Court, the report has been submitted; tha t the petitioner has been surfaced and he was arrested in Crime No. 01/2026 and subsequently was released on bail. He is present before this Court. Since the very purpose of instant petition has been served, the petition become infructuous and liable to be dismissed. 4. I have heard the arguments of learned counsel for the parties and have perused the material available on the record with their able assistance. 5. The petitioner is present before this Court alongwith detenue. The petitioner has been surfac ed the very purpose of the instant petition has been accomplished. However, for the relief sought in para No. 03 of the prayer clause, the petitioner may approach to the I.O of the Crime No. 01/2026 for recording his statement in his defence. 6. In view of above, the petition stands disposed-of.
(KHADIM HUSSAIN SOOMRO) JUDGE
S.Akhtar