A two-member bench of the Sindh High Court, headed by Justice Naimatullah Phulpoto and comprising Justice Abdul Mobin Lakho, while hearing different pleas in a case pertaining to missing persons sought reports from the federal interior secretary and the defence secretary. The bench directed the Sindh Inspector General of Police (IGP) to ensure the recovery of missing persons over separate pleas seeking the recovery of missing persons. The bench expressed annoyance at the federal and provincial governments for failing to recover the missing persons.
"The state is responsible for the security of its citizens' lives and property. Is it according to the law to keep detaining citizens and make them disappear," remarked Justice Phulpoto. The court warned that the SSP under whose jurisdiction any citizen went missing would be booked.
Justice Phulpoto remarked that two brothers, Muhammad Ilyas and Amin, have been missing since 2009 but their whereabouts are a mystery because the police investigation had been a mere formality.
The investigation officer in the case told the court that the two men had gone to Khyber Pakhtunkhwa voluntarily. In reply Justice Phulpoto remarked: "The case for their recovery has been under trial for 11 years. Can't the Sindh Police reach out to the government of KP and their police for the recovery of missing persons," remarked the judge.
The bench directed the Sindh home department to set up a joint-investigation team for the recovery of missing persons and directed the Sindh IGP to make special efforts for the recovery of Umar Farooq, Ehsaan and other missing persons. It summoned the federal interior and defence secretaries on February 11 directing them to submit their respective reports on the measures taken for the recovery of missing persons.
Seeking protection
In another case, the SHC directed the police to provide security to a petitioner on her plea seeking protection from her ex-husband who has been harassing her through social media.
The petitioner's counsel maintained that Asma's ex-husband, Naeem Shaikh, is a convicted criminal and is imprisoned in Karachi Central Jail. He told the court that Asma had divorced Shaikh in 2017, after which he had killed her uncle and injured her in an attack.
The petitioner maintained that Shaikh had been sentenced to death by a trial court in 2019 for the attack, but he has been threatening Asma through WhatsApp.
He claimed that Shaikh had the ability to move in and out of prison and sent pictures to Asma of himself outside the prison. The lawyer prssented evidence of this harassment by Shaikh to the court.
The court ordered the police to provide security to Asma and adjourned the hearing till February 10. It also directing Asma to file a separate plea against harassment.
Bail denied
The SHC again issued notices to an accused, Azhar Ali, over a plea seeking the cancellation of his bail in a case pertaining to child marriage and the alleged kidnapping of a minor girl named Arzoo. The court directed the parties to submit their replies by February 2.
A trial court had granted bail to Ali in the case of kidnapping a minor girl and child marriage case.
Published in The Express Tribune, January 14th, 2021.
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