Safoora Goth carnage: SHC orders federal govt to provide medical treatment to suspect

Court hears petition challenging transfer of trial against two accused

KARACHI: The Sindh High Court (SHC) ordered on Tuesday the federal government to provide medical treatment to a suspect linked to the Safoora Goth carnage, whose custody was handed over to the military for trial in a military court.

A division bench, headed by Justice Irfan Saadat Khan, was hearing a petition challenging the transfer of trial against two brothers, Sultan Qamar Siddiqui and Hussain Umer Siddiqui, from the anti-terrorism court (ATC) to the military court.

Hira Siddiqui, Sultan's wife, had questioned the legal procedures adopted to transfer the trial to the military court established under provisions of the Protection of Pakistan Act (PPA).

Initially, the Rangers detained the two brothers for 90 days to question them regarding their alleged involvement in other cases. However, they were later linked to the Safoora Goth attack in June 2015 and subsequently an ATC initiated a trial against them along with Saad Aziz and other suspects. On December 10, the trial was shifted from the ATC to the military court.

Objecting to the procedures adopted by the provincial and federal authorities with regard to the transfer of proceedings, the petitioner's lawyer, Khawaja Muhammad Azeem, argued that under Section 17(4) of PPA that no case can be transferred to the military court without approval of the relevant trial court. He said such a transfer was illegal as no prior approval had been obtained from the ATC. Thus, the court was pleaded to declare the transfer illegal.

During Tuesday's proceedings, additional advocate-general Sarwar Khan said that the custody of Sultan and Hussain had been handed over to the military authorities. The two judges recorded his statement and directed him to submit evidence with regard to the handing over of their custody.

Meanwhile, the petitioner's lawyer filed an application stating that Hussain’s health had deteriorated in custody. He claimed the suspect needs proper medical treatment and family visits.

Additional attorney-general Salman Talibuddin requested for time to ascertain the facts. Judges granted time and ordered Talibuddin to ensure that medical treatment is provided to him as and when required.

Other federal and provincial authorities also filed their comments, while the Rangers’ counsel sought more time, which the court granted.

Published in The Express Tribune, February 26^th, 2016.