KARACHI: SHC stays extradition of alleged rapist to USA
KARACHI, Oct 1: A division bench of the Sindh High Court, comprising Chief Justice Sayed Saeed Ashhad and Justice Ghulam Rabbani, on Tuesday stayed the extradition of Muhammed Haris Hassan, the alleged rapist of two American women.
The order was given on a constitutional petition filed by Nadir Hassan, father of Haris Hassan.
Having perused an inquiry report submitted by Deputy Attorney General (DAG) Syed Zaki Muhammed, the bench said in its order that from the perusal of the inquiry report it appeared that the Judicial Magistrate had taken into consideration the statements on oath of two ladies who were allegedly raped by Haris Hasan, and the photographs and annexure A-J which were not produced before the court.
The bench directed the production of the above mentioned documents and adjourned further hearing till October 8. “Till then Muhammed Haris Hassan shall not be extradited from Pakistan”, the bench ordered.
Earlier, the DAG filed a number of documents including a letter from the Deputy Secretary, Ministry of Interior, which says the competent authority has approved the extradition of Haris Hasan.
“The Ministry of Foreign Affairs has been requested to approach the United States authorities to intimate the particulars of their representative to whom the custody of the accused is to be handed over at the specified time and place”, says the letter by the DS to the DAG.
The inquiry report submitted by the DAG before the bench says: “Though there is no direct treaty or agreement between the USA and the Islamic Republic of Pakistan, the extradition treaty of December 22, 1931, between the USA and the UK, continues in force between the USA and Pakistan”.
“The offences for which requisition for extradition is sought are scheduled Extradition Offences mentioned under column 2,3 and 5 of the schedule of Extradition Act of 1974”, the inquiry report adds.
M. Ilyas Khan, counsel for the petitioner, expressed his apprehension that in view of the letter the detainee might be extradited any time. He requested the bench to pass an interim order restraining the federal government from extraditing the detainee till the decision on the constitutional petition.
The bench, acceding to the request, passed the interim orders staying extradition of the detainee till the next date of hearing.
The detainee/accused is alleged to have raped Clarissia Kritzmen and Jeremiah Kelley in Waterford Township, State of Michigan, and fled to Pakistan where he was taken into custody on June 22. Now he is in the Central Prison Karachi.detention denied: Pakistan Rangers have denied taking into custody Zubair Waheed, brother of the absconding accused Naveed-ul-Hasan who is alleged to be a member of the Harkat-ul-Mujahideen Alalmi.
In the comments filed on behalf of Director General Rangers, before a division bench of the Sindh High Court comprising Justice Sayed Saeed Ashhad and Justice Ghulam Rabbani, in a constitutional petition filed by Col (rtd) Waheed through Khawaja Naveed Ahmed Advocate, it was said that no officer by the name of Javed was serving in Pakistan Rangers posted in Karachi. According to the comments, the mobile number given by the head of the joint team which allegedly raided the house of Col Waheed was traceable.
Khawaja Naveed advocate sought time for going through the comments, at which the bench put off further hearing till October 8.—APP