Mrs. SAIRA KOSER vs Dr. LIAQAT and another
This constitutional petition was filed by the petitioner, Saira Koser, seeking the return of a vehicle seized by police during a raid on her residence, alongside compensation for its detention and a request for criminal proceedings against the involved officers for misuse of authority. The core legal question was whether the police were justified in impounding a vehicle belonging to the wife of an accused person when the vehicle itself was not involved in any criminal activity. The High Court of Azad Jammu and Kashmir held that the seizure was unjustified as the vehicle was neither stolen property nor used in the commission of an offense. The Court noted that police powers to investigate an accused do not extend to the arbitrary seizure of property belonging to family members unconnected to the alleged crime. As the vehicle had already been returned to the petitioner during the pendency of the proceedings, the Court disposed of the petition, observing that the petitioner remained at liberty to pursue separate legal remedies for damages or disciplinary action against the responsible officials.
- Can police lawfully seize property belonging to a family member of an accused if that property is not involved in the commission of an offense?
- Does the High Court have the authority to order the return of property seized without legal justification under its constitutional jurisdiction?
- Section 44, Interim Constitution Act 1974
ORDER
1. ' Admitted facts giving rise to the present petition precisely stated are that A.S.P., Headquarters, Muzaffarabad conducted raid on April 29, 2000 at the residence of the petitioner in connection with the investigation of some case registered against her husband and took into possession two cars parked in House No,182-Gondal Street, Gulraiz Colony, Scheme No,2, Chaklala Road Rawalpindi. One of the cars bearing No,R-1894 Karachi Suzuki was taken by him to Azad Kashmir whereas the other Suzuki car was parked at Police Station Airport which was taken back by the petitioner on September 26, 2000 by the order of a Judge of Punjab High Court. The other vehicle which was taken to Azad Kashmir was kept in the premises of the office of D.I.-G. Range, Muzaffarabad. The petitioner in the light of these facts invoked the Constitutional jurisdiction of this Court under section 44 of the Interim Constitution Act, 1974 for the following relief:-- ' "The petitioner is the sole registered owner of the Car No,R-1894 Karachi, which is not involved in any criminal case but only used to take the petitioner's children from/to school who all have been deprived of their Constitutional rights by misusing and abusing the State Authority by the abovementioned respondents. Copy of the Registration Book is attached herewith as Annexure "D".
2. ' It is, therefore, prayed that car may be ordered to be returned to the petitioner alongwith the payment of compensation Rs,3,000 per day w.e.f, 30-4-2000 tin the date of return of car. Further the AJK Ehtesab Bureau, may be ordered to initiate criminal proceedings against the respondents on the charge of trespass, misuse of official powers and authority and criminal misconduct of the respondents."
3. ' The vehicle was subsequently returned to the petitioner vide order of the Court, dated November 13, 2000: From the pleadings of the parties, it becomes clear that the Car No,R-1894 Karachi is neither a stolen property nor a property used in the commission of any offence, therefore, the respondents were not justified in impounding the same. If any offence is committed by the husband of the petitioner, the police can proceed against him, but had no justification in law to raid the house of the petitioner and took into possession two vehicles belonging to her. In the light of these facts, the petitioner may seek an appropriate action against A.S.P., Muzaffarabad, from concerned authority and may also sue him for damages if so advised. As custody of the car has already been given to the petition ner, therefore, no further order is required to be passed in this petition.
4. ' This writ petition stands disposed of in the terms indicated above. Order announced.