Unknown no more: Navy admits ‘missing’ officer in its custody

Tells IHC judge in chamber that court martial proceedings will commence soon

ISLAMABAD: Officials of the Pakistan Navy informed the Islamabad High Court on Wednesday that a missing naval official was in their custody but charges against him could not be disclosed in open court. A navy officer also disclosed that court-martial proceedings against the suspect would commence soon.

The revelation was made by Commander Zafarullah during the hearing of the petition of a naval official’s wife alleging that her husband has been in Naval Intelligence’s custody since last September.

Safia Ismail claimed that her husband, Sub Lt Hafiz Ehsanullah Sajjad, was in the custody of naval authorities without any charges levelled against him. She said Sajjad was taken away from his residence in Karachi by ‘some people in plain clothes’ on the evening of September 6, 2014.

When the case was taken up, the navy commander requested the court to hear the case in chamber due to the matter’s sensitivity. The single bench comprising Justice Shaukat Aziz Siddiqui accepted the request and heard the official in person in his chamber.

Read: ‘Missing’ navy officer: Defence ministry asked to send official, again

Meanwhile, the court declined plea of the petitioner’s counsel Inamul Rahiem requesting to be present inside the chamber.

Following the hearing inside the chamber, the court resumed proceedings in open court and directed the navy officials to arrange a meeting between Sajjad and his family within a week.

Subsequently, the court disposed of the petition.

In her petition, the ‘missing’ officer’s wife had cited Federation of Pakistan through Secretary Defence, Chief of Naval Staff and Director General Naval Intelligence as respondents.

Safia’s counsel had maintained the respondents have allegedly detained his client’s husband without lawful justification, adding not allowing family members to meet him was a violation of fundamental rights.

In the petition, the counsel said Sajjad had sought permission to resign from service in July 2014 for personal reasons, adding his request remained under process before he was picked up.

Interestingly, on the same day — September 6, 2014 — as Sajjad’s disappearance, terrorists had attacked the Pakistan Navy dockyard in Karachi with alleged inside help. Following the incident, details of which are still murky, several naval officials were reportedly held for their alleged involvement.

Read: Untraceable: Wife of ‘missing’ naval officer knocks on IHC door

The counsel had contended in the petition that under Rule 44(5) of Naval Ordinance 1961, no person shall be held in close arrest for more than 90 consecutive days without a court martial being convened.

He continued that under section 90 (3) of the ordinance, if a person is detained and remained in the custody for more than eight days without brought before a trial, a special report giving reasons for delay shall be made by his commanding officer to Chief of Naval Staff and similar report shall be forwarded after every eight days until a court martial is assembled or such person is released from the custody.

He had added that the detention of petitioner’s husband is clear violation of articles 4, 9, 10, 10-A and 14 of the Constitution of Pakistan.

Therefore, the petitioner’s counsel had prayed that the prolonged detention of the petitioner’s husband and the manner of the detention be declared illegal and in contravention of the naval ordinance if naval authorities failed to justify the legality of such a prolonged detention.

Published in The Express Tribune, June 25^th, 2015.