Case of concern: PHC asks federal, provincial govts about Nehal’s release

As per law Ansari should be released if detention period counted

PESHAWAR: The Peshawar High Court issued notices on Wednesday to federal and provincial governments and sought details of the dates when Indian national Nehal Ansari was arrested and when he would be released.

The bench also directed the jail administration to produce details of medical facilities and food prescribed by doctors to Ansari, who got three years jail term by a military court for illegally residing in Pakistan.

A bench, comprising PHC Chief Justice Mazhar Alam Khan Miankhel and Justice Muhammad Daud Khan, was hearing a writ petition on Wednesday.  The petition was filed by Qazi Muhammad Anwar who argued that Ansari was picked up by security agencies from Palwasha Hotel in Kohat district.

Anwar, counsel for Ansari’s mother Fauzia, said Ansari was kept in detention for his illegal stay in the country and a petition was filed at the high court for his recovery. Notices were issued to security agencies. He stated after issuance of notices, the federal government, through its representative in PHC, had admitted he was in the army’s custody and was being court-martialled.

Term over?

Anwar said Ansari was awarded a three-year jail term on February 10 but was also given the benefit of Section 382B of Code of Criminal Procedure (CrPC), which if considered then he has completed his sentence.

Under the section, the length of any sentence of imprisonment imposed upon an accused person in respect of any offence shall be treated as reduced by any period during which he was detained in custody for such offence.

“He was arrested in 2012 and if he availed the benefit then he should have been released,” Anwar said. However, he said, the federal and provincial governments in their replies submitted before the bench did not mention when he would be released.

Prison walls

Anwar said he visited Ansari on April 28 in jail where the latter handed him a chit, writing he could not talk in presence of the jail superintendent. Through writing Ansari told Anwar he was suffering from stomach problems and doctor had prescribed him to drink milk and eat rice.

The jail administration provided the prescribed food for a few days and then stopped the provision, Anwar added, saying he might suffer from stomach ulcer.

“Besides, his eye sight has also been affected and proper treatment should be provided,” he said. Anwar said Ansari was kept in the death cell for protection from a prisoner who attacked him, but Ansari said prisoners’ were friendly with him.

Deputy Attorney General Musarratullah stated Ministry of Defence, on Indian High Commissioner’s request, has sent a letter to the Ministry of Foreign Affairs in Pakistan to grant visa to Ansari’s mother so that she could meet her son.

After hearing the arguments, the bench ordered provision of details of his arrest and release.

Punjab police put on notice

While hearing another petition, the chief justice sought details of a citizen who was picked up by intelligence agencies. They allegedly kept him in detention for nine months and then he was killed in an alleged encounter with Raiwind police.

Khalid Anwar Afridi, counsel for petitioner Muhammad Ismail, said the petitioner’s son Wahid was a student of B.Com who was picked up by police and personnel of intelligence agencies on May 5, 2015 from Afridi Garhi in Peshawar.

He stated a writ was filed at PHC in which fear of his extrajudicial murder was expressed. “What was feared happened as he was recently killed in an encounter with the Punjab police in Raiwind,” he stated.

Khalid Anwar said his parents were neither given the post-mortem report nor other necessary documents, while his father claimed that Wahid’s hands were tied at the time of his encountered.

After hearing the arguments, the bench ordered the interior ministry and the Punjab police to produce a post-mortem report and a complete record of the case by the next hearing.

Published in The Express Tribune, May 5^th, 2016.