KARACHI, March 24: The Sindh High Court directed the federal agency officials concerned to file affidavits regarding whereabouts of Ali Mohammad, who was allegedly picked up by a law enforcement agency on May 5, 2004.
Ms Humera Ali alleged that her husband, Ali Mohammad, 37, father of six children, was arrested by the LEAs in a raid at her house in Gulshan-i-Iqbal, Karachi.
Stressing that he had no political or religious affiliation, she said there was no case registered or pending against him. He had not been produced before a magistrate even 10 months after his arrest. Nothing was known about his whereabouts.
As the petition came up before a division bench, comprising Justices Gulzar Ahmed and Mrs Qaiser Iqbal, the petitioner’s counsel complained that the court order of Dec 21, 2004, requiring the various agency officials to file affidavits had not been complied with. The federal authorities had denied that the alleged detainee was arrested or was being kept in custody by them.
An additional advocate-general holding brief for a federal government standing counsel sought two weeks’ time to file the affidavits.
Granting the request, the court reminded the petitioner’s counsel that an FIR about the kidnapping of the petitioner’s spouse was also registered at the police station concerned.
Meanwhile, the bench also directed a provincial law officer to submit comments on the whereabouts of another man missing since November 11, 2005. It was hearing the petition of Akhtar Ali, who alleged that a law enforcement agency raided his house in Hijrat Colony, Karachi, on Nov 11, 2005, and took whisked away his brother, Mohammad Nawaz Khan, without any disclosing any charges.
His counsel, Maqboolur Rehman, submitted neither the detainee was produced before any court of law, nor police disclosed any charges against him. The AAG sought two weeks’ time to file comments on behalf of the police and the LEA concerned. Allowing adjournment, the bench ordered that the matter be fixed for hearing after two weeks.
NOTICES: The bench issued preadmission notices to the advocate-general and the Karachi Central Prison superintendent in a petition alleging shifting of a detainee.
Dr Bilquis Wali Mohammad alleged in her petition that her husband, Engineer Wali Mohammad Rahimoon, had been shifted from the Central Prison to an undisclosed location by an LEA. According to police, the detainee is required in a number of criminal cases. The petitioner’s counsel, Kumail Ahmed Shirazi, however, said he had either been acquitted or released in the cases registered against him.
