Naqeeb's father challenges decision to declare Rao Anwar's house as sub-jail

Naqeebullah's father accuses Sindh govt of nepotism, favouritism

KARACHI: The Sindh government's decision to declare former SSP Rao Anwar's house as a sub-jail was challenged in the Sindh High Court (SHC) by the father of Naqeebullah on Tuesday.

In a petition filed through his counsel, Faisal Siddiqui, Muhammad Khan stressed that the treatment extended to Anwar by allowing "detention in his own home declared as a sub-jail is a simple continuation of the VVIP treatment being accorded to an alleged terrorist."

Referring to the move taken by Home Minister Sohail Anwar Siyal on the basis of alleged "life threats" to the former police official, the petition highlighted that the trial court had no prior information of Anwar being kept at his own house instead of the Central Jail, Karachi.

 

 



"Till today, no document like the impugned notification has been produced before the trial court to show his [Anwar] house has been declared as a sub-jail where he is comfortably residing."

The petition observed that the notification was issued on the day when the prime suspect was sent to judicial custody. "Such remarkable speed clearly indicates malafide intent," it read. It further implied that the notification "must have been pre-dated".



The victim's father accused the Sindh government of nepotism and favouritism by declaring an undertrial prisoner's house as sub-jail.
Noting that the court was explicit in its directives to remand Anwar in jail, Khan states that the impugned notification purportedly issued under Section 541 of the Code of Criminal Procedure (CrPC), 1898.

Citing Section2(1) of the Prisons Act 1894 read with Rule 2 of Prison Rules, 1978, the petitioner states that any place of confinement appointed under Section 451 of the CrPC is not a prison.

It argues that both Section 541 of the CrPC and Rule 2 of the Prison Rules, 1978 cannot be invoked simultaneously.

The petition asks the high court to declare Sindh government's notification unconstitutional with no legal effect and permanently restrain respondents, including the provincial government, police and Anwar, from taking or pursuing any action on the basis of the said notification.