Missing persons’ case: Court demands affidavit by defence secretary

IG Sindh asked to submit list of cases.


Express January 15, 2011

KARACHI: A division bench of the Sindh High Court ordered the Ministry of Defence secretary to file an affidavit to declare whether detainees are in the ministry’s custody or not.

The bench, comprising Chief Justice Sarmad Jalal Osmany and Justice Ghulam Sarwar Korai, gave the directives while hearing four identical petitions challenging the arrest and alleged illegal detention of four Lashkar-e-Jhangvi (LeJ) activists missing since December 11, 2010.

Petitioners Rukhsana Farhat, the mother of the infamous Sharib Arsalaan Farooqui, Noshaba, the wife of Syed Sohail Akhtar, Hamza Abbasi, the brother of Ammar Abbasi and Farhan Masood Khan, the father of Arsalaan Masood Khan, moved the court maintaining that their relatives were arrested in a joint raid on December 11, 2010 and have been missing since then.

They prayed the court to direct the respondents to try the accused as per law and free them if no evidence is available against them.

The deputy attorney-general (DAG) submitted paragraph-wise comments by the Rangers director-general, denying the custody of the missing persons.

The assistant advocate-general, appearing with the Saeedabad SHO, contended that Syed Sohail Akhtar, husband of petitioner Noshaba, was wanted many cases registered at PS Gizri, Gulistan-e-Jauhar and Hub Trading and Industrial Estate. The alleged detainee was last arrested by the Balochistan police and was confined at Gadani jail. He was released and then he disappeared, according to the statement submitted by the Saeedabad SHO.

The bench, after hearing both the sides, adjourned the proceedings till January 28 and directed the DAG to file an affidavit from the Ministry of Defence secretary as to whether the detainees named in petitions are in the ministry’s custody. The IG Sindh was also asked to file a list of cases and FIRs pending against the missing persons and of the progress made therein.

Published in The Express Tribune, January 15th,  2011.

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