KARACHI, July 26: The Sindh High Court ordered release of two detenus arrested by intelligence agencies in Khipro, Sanghar, earlier this year. Petitioner Hameed Aresar submitted before the court that his nephews — Mohammad Akbar, Mohammad Faisal and Allah Rakhio — were taken into custody on mere suspicion and their confinement by military authorities were unlawful.
Federal government counsel Faisal Arab informed a division bench comprising Chief Justice Sabihuddin Ahmed and Justice Zia Pervez that the three brothers were held under the Security of Pakistan Act. The detention cases of Faisal and Allah Rakhio was referred to a federal review board as required by Article 10 (4) of the Constitution and Akbar was being tried by a field general court martial under the Official Secrets Act and the Pakistan Army Act. He said the federal review board met in April but its deliberations remained inconclusive.
Advocate Saleem Samo submitted that since a federal review board had not recommended the detention of Faisal and Allah Rakhio beyond three months, their confinement beyond that period became illegal in terms of Article 10 (4).
Akbar, he said, being a civilian could not be tried by a military court under the Army Act. He should have been produced before a magistrate as stipulated by the Official Secrets Act.
The bench observed that Article 10 (4) was clear that no detenu could be held under the preventive or safety laws for more than three months unless further detention had been recommended by a review board. Faisal and Allah Rakhio were entitled to immediate release, it observed.
As for Akbar, the bench asked the federal government counsel to obtain further information about his detention and trial.
