KARACHI: Petition filed against re-arrest of MQM man
By Our Reporter
KARACHI, May 10: The cancellation of parole of the Muttahida Qaumi Movement’s deputy convener, Syed Shoaib Ahmad Bukhari, and his re-arrest has been challenged by his wife in the Sindh High Court.
The petitioner, Mrs Shamim Shoaib Bukhari, through Nawab Mirza, advocate, has contended that the action against her husband was illegal, malafide and uncalled for.
Shoaib Bukhari, advocate, and former member of the provincial assembly and cabinet, was released from Central Prison on April 2, 2002, on parole by the respondents on the condition of furnishing a security of Rs1 million, which was done accordingly.
The relevant surety papers and the orders were in possession and power of the respondents, which the court could call from them to ascertain the veracity of the statement of the petitioner and to examine the legal import of the above-referred documents.
In the early hours of May 2, without any show-cause notice and any lawful cause and excuse, the husband of the petitioner was remanded to the custody of Superintendent, Central Prison (Respondent No 2), which, in all fairness, was a contumacious violation of the bond, further denial of the liberty of her husband in an arbitrary manner and against the principle of natural justice.
It was the case of the petitioner that the respondents were under statutory obligations to place on record the material available with them, if any, at the time of making arrest and remanding her husband to Central Prison. Otherwise, there was a patent statutory breach of legal duty on the part of the respondents, the petitioner claimed.
It was also alleged by the petitioner that at the time of the arrest of her husband, he was subjected to maltreatment, disgrace and extreme humiliation, not at all permissible in the constitutional realm in as much as in common law and Islamic ethics. Therefore, the case falls under the domain of fundamental rights and the human rights charter, calling the due interference of this court in exercise of its constitutional jurisdiction.
The petitioner has prayed for making appropriate orders directing the respondents to place on record of the court the material and the grounds for the unlawful breach of the statutory bond obtained for the release of the husband of the petitioner.
