Illegal confinement?: Peshawar High Court issues notices to army officials over Abbottabad arrest

Petitioner claims her husband has been kept in the quarter guard since August 5, 2011.

PESHAWAR:

The Peshawar High Court (PHC) issued notices to a brigadier, two majors and a retired colonel of the Pakistan Army’s Abbottabad Medical Record Wing (MRW) over the arrest of a Lance Naik in the same department.

A PHC divisional bench comprising Chief Justice Dost Muhammad Khan and Justice Nisar Hussain were informed by petitioner Maimona Javed’s counsel Advocate Ghulam Nabi that Maimona’s husband Muhammad Javed had been kept in quarter guard since August 5, 2011. A quarter guard is a small lock up where soldiers charged with minor crimes are held.



The court was told Rs1 million was given to the officials in this case, but they demanded an additional Rs8 million, which the family could not afford. Muhammad had been serving as a clerk in the medical wing and could not raise such a large amount.

“Under the law, the armed forces cannot keep their employees for more than 89 days in the quarter guard and the detainee must be shifted to a prison. Despite this, Muhammad had been kept in the quarter guard, which is illegal,” Nabi said.



After hearing the arguments, the court issued notices to Brigadier Zahid Hussain, Major Idrees, Colonel (retired) Fakhar and Major Janjowa of the Abbottabad MRW. A similar notice was also issued to the defence ministry to explain why the Lance Naik was detained in the quarter guard.

The officials have been asked to submit a written reply within 20 days to explain their positions. If it is ascertained that the detained man was held unlawfully, stern action will be taken against them, the court said. The case was adjourned until October 10.

Published in The Express Tribune, September 19^th, 2013.