Bench rejects plea to allow the military to probe the matter itself under Army Act. PHOTO: FILE
The Supreme Court on Monday hinted at the possibility of summoning an army commandant who did not allow his junior officer to join an investigation into the disappearance of Tasif Ali, who went missing on November 23, 2011 from the Sadiqabad police precincts in Rawalpindi.
A two-member bench, headed by Justice Nasirul Mulk, said it was giving the army authorities a final opportunity to allow Major Ali Ahsan to record his statement regarding Ali’s disappearance. On behalf of the defence ministry, Additional Attorney General Shah Khawar requested some extra time. Justice Nasir said that if Major Ahsan did not wish to cooperate in the investigation, he should inform the court who his commandant is.
The bench is hearing the application of Ali’s wife, Abida Malik, who claims her husband went missing after an altercation on the phone with Major Haider of the Military Intelligence (MI). Malik provided Haider’s phone number to the police and he has now been transferred from 918 Intelligence Battalion to 61 Punjab where he is serving in Awaran, Balochistan.
DIG Investigation of Punjab police Abdul Qadir Qayyum, specially appointed to the case, said Haider’s real name is Major Muhammad Ali Ahsan. Army authorities have refused to hand over Major Ahsan to the police and during the last hearing, the bench directed the army officer to join the police investigation and record his statement; he did not comply with the order.
On Monday, AAG Shah Khawar submitted a written statement on behalf of the defence ministry, requesting the bench to allow the army to probe the matter itself under the Army Act 1952. The bench turned down the request. “We do not need that statement or the trial of an army officer. We just want to know the location of the missing person and the police needs Major Ali Ahsan for this purpose,” it said. The bench also questioned why the officer had not been interrogated by the army authorities yet. “We have no concern about taking action against those responsible,” Justice Nasir remarked.
The bench did not permit the MI’s counsel, Ibrahim Satti, to speak on the matter. Satti had claimed that he police could not investigate army officers. The case is adjourned till Friday.
Published in The Express Tribune, March 11th, 2014.
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