KARACHI, July 19: A division bench of the Sindh High Court summoned on Friday the station diary of Malir Cantt police station.
The bench, consisting of Justice Sarmad Jamal Osmany and Justice Musheer Alam, was hearing a criminal miscellaneous application filed by Ms Rasoolan, mother of alleged detainee Ms Shagufta.
Earlier, Assistant Advocate-General Sindh Habib Ahmed told the court that the woman was arrested by the investigation unit of the Garden police on July 4 and was remanded in judicial custody on July 6. The woman was arrested, with an absconding co-accused, Nasir, at Cantt railway station and a part of looted property was also recovered from her possession, the AAG contended.
Farkhunda Jabeen, Advocate, counsel for the petitioner, submitted that the accused had been in unlawful custody since she was arrested by the Malir Cantt police on June 26. Witnesses from the neighbourhood had deposed and they were present in the court to confirm that she was whisked away by police on the night of June 26, the counsel submitted.
The AAG said the alleged detainee had been remanded in judicial custody, so the application might be dismissed as being infructuous.
The counsel for petitioner said even if it was taken that Shagufta was arrested on July 4, even then her contention of illegal detention was proved as a woman could not be kept in an ordinary lockup and the law prescribed that she must be handed over to the custody of women police.
She requested the court to order production of the accused/alleged detainee in the court to record her statement.
The court reminded the counsel for the petitioner that this was not the proper forum. She was advised to seek an alternative remedy to file a bail application or seek quashment of the FIR. However, to look into the allegations of illegal custody of the woman, the court asked the AAG to call for station dairy while adjourning the matter.
NOTICE: The Sindh High Court asked on Friday Deputy Attorney- General to confirm that whether a Maldivian national was arrested/taken into custody by any law-enforcing agency.
A division bench, comprising Justice Sarmad Jalal Osmany and Justice Musheer Alam, was hearing a constitutional petition filed by Ms Meena Ahmed, wife of alleged detainee Fouzi Irbahim.
Earlier, an AAG Sindh submitted a written reply by the Home Secretary Sindh, Brig Mukhtar (retired), denying the arrest of Fouzi, a student at Jamia Abu Bakr.
Counsel for the petitioner submitted that if the alleged detainee was not with police, he might be under investigation by federal law-enforcers. He requested the court to issue notice to DAG. Allowing the request, the court asked DAG to confirm by Aug 1 that whether the alleged detainee was under custody or not.
DISMISSED: A bench of the Supreme Court, comprising Justice Syed Deedar Hussain Shah and Justice Hamid Ali Mirza, on Friday dismissed a leave to appeal application filed by the state against an order of the Sindh Services Tribunal reinstating director education Gul Mohammad Hajano.—APP
