KARACHI, Sept 9: A Sindh High Court division bench disposed of a petition for businessman Saifullah Paracha’s production on Tuesday with a direction to the federal government to “take all necessary steps to protect the interest and welfare of its citizen in accordance with law by approaching the government in whose custody the detenu is being held”.
The bench, which consisted of Justices Shabbir Ahmed and Gulzar Ahmed, brought on record a message sent by the detenu to the petitioner, his wife Farhat Paracha, through the Red Cross that he was lodged at a US army detention centre in Kabul.
Produced by the petitioner’s counsel, Nisar A. Mujahid, the message said he was being well looked after and was taking his food and medicines and offering his prayers regularly.
The bench also noted the counsel’s statement at the bar that the businessman was picked up somewhere in Bangkok. The fact was also supported from the passengers’ manifest produced by the Thai Airways, it pointed out.
Accordingly, the bench held, the detenu was neither detained at nor abducted at the Karachi airport by any provincial or federal government agency and the reliefs claimed by the petitioner had been addressed. As for registration of an FIR, it observed that once it was conceded at the bar by the petitioner’s counsel that the detenu was “taken away from Bangkok”, a direction for registration of a case would not be in accordance with law as no police station could investigate an offence committed outside the country.
Contesting the petition earlier, Deputy Attorney-General Syed Zaki Mohammad submitted that the petition was a mass of confusing and contradictory averments. No case had been made out for an enforceable direction by the court.
The admitted facts were that the businessman sought and got a visa to visit Thailand on his American partner’s invitation, that he took a direct flight from Karachi to Bangkok on July 5 and now, according to his own letter produced by the petitioner’s counsel, he was being detained in Kabul.
Presuming the authenticity of the letter, even it did not allege that his arrest or detention had anything to do with any authority or agency in Pakistan. The petition was just not maintainable under Article 199 of the Constitution, the DAG argued.
Mr Paracha is said to have been involved in Al Qaeda’s financial transactions. His son is already being prosecuted for alleged links with the outlawed organization.
HR ACTIVIST: A petition for enforcement of a Sindh High Court division bench order in human rights activist Krishan Sharma’s case could not be heard by because of paucity of time.
A division bench comprising Justices Zahid Kurban Alavi and Zia Perwez declared illegal last month Mr Sharma’s detention by the military authorities. It ruled that being a civilian, Mr Sharma could not be tried by a court martial under the Army Act nor could he be detained by military authorities. He should have been produced before a judicial magistrate for remand and tried by a special magistrate as stipulated by the Official Secrets Act, the law under which he had been held for espionage, the bench directed.
The new petition by Mr Sharma’s mother seeks his immediate release in view of the SHC declaration and direction. The activist had been in unlawful custody since March 21 when he was picked up by the Rangers at Naukot while travelling in a coach from his hometown Mithi to Karachi, according to the petition.
Advocates Syed Ghulam Shah and Noor Naz Agha, the petitioner’s counsel, pressed for prompt hearing of the petition as it involved liberty of a citizen.
The bench comprising Justices Shabbir Ahmed and Gulzar Ahmed, however, observed that no case could be taken up out of turn after ‘discharge of the board’. A new date would now be fixed by the SHC office for hearing of the petition.
