Petition challenging doctor brothers' detention put off
By Our Staff Reporter
KARACHI, Dec 23: The Sindh High Court adjourned on Thursday the hearing of a writ petition challenging the doctor brothers' detention to Dec 28 to enable the advocate-general to file a rejoinder.
As the petition came up before a division bench, comprising Justices Anwar Zaheer Jamali and S. Ali Aslam Jafri, Advocate-General Anwar Mansoor Khan sought time for filing a reply on behalf of the respondents, including the provincial home department. The request was vehemently opposed by the petitioners' counsel, M. Ilyas Khan.
The AG submitted that he would also like to show the bench a video film on activities of detainees, Dr Akmal Waheed and Dr Arshad Waheed, which depicted their involvement with certain outlawed terrorist organizations. Since the material was confidential, the viewing could be arranged in chamber, he said.
The petitioners, Dr Fauzia Akmal and Dr Farzana Naz, wives of the detainees, maintain that the detention order under the preventive custody provisions of the Anti-Terrorist Act issued after the order for their release on bail was mala fide.
They could not have been re arrested after the high court bail order in a case being tried by an anti-terrorist court without being produced before a judicial magistrate.
The doctors are alleged to have provided shelter and financial and medical aid to the activists of Al Qaeda, Jundullah and Hizbul Tehreer in their detention order. They are standing trial for extending assistance to the Jundullah activists who ambushed the Karachi corps commander's convoy in June.
The high court has stayed the pronouncement of final order in the case pending disposal of the doctors' plea for its transfer from the court of Judge Feroz Mehmood Bhatti to another ATC on ground of bias.
