KARACHI: SHC seeks govt explanation in detention case
By Our Staff Reporter
KARACHI, May 9: The Sindh High Court on Tuesday gave the defence ministry until May 16 to answer the allegation that a leader of the Jeay Sindh Qaumi Mahaz (JSQM) was being held in custody by the Inter-Services Intelligence agency.
A petition moved by a brother of JSQM secretary-general Dr Safdar Sarki came up before a division bench, comprising Justices Ghulam Rabbani and Gulzar Ahmed, and federal government standing counsel Syed Ziauddin Nasir submitted that he has received a reply from the defence ministry in response to a court direction for its statement in respect of the Sarki’s alleged custody with the ISI.
The reply asked the counsel to send a copy of the petition for further information of the ministry.
The petitioner’s counsel, Nooruddin Sarki and Syed Ghulam Shah, argued that a copy of the petition was not necessary for the ISI to confirm or deny that the detainee was in its custody. The ministry, they alleged, was only delaying a clear-cut response. The lawyers said according to their information, Dr Sarki was being kept by the agency at the Napier Barracks, Karachi. It should be asked to make a positive statement.
The bench asked the counsel to submit a firm reply on the ministry’s behalf by Thursday, failing which it would pass an order in accordance with the law. Subsequently, the counsel informed the bench he intended to visit Islamabad and may be allowed to contact the ministry personally for a prompt response. The bench asked him to inform the petitioner’s counsel and allowed him to submit a reply by May 16. The Sindh police and the Karachi-based Corps 5 of the Pakistan Army have already categorically denied having detained Dr Sarki.
FIR QUASHED: Another division bench, comprising Justices Sarmad Jalal Osmany and Gulzar Ahmed, ordered the quashment of a case against a woman lodged by her father under the Prevention of Zia (Enforcement of Hudood) Ordinance. Ms Haki said in her petition that she was married to a man against her will. She had many complaints against him and sued for dissolution of her marriage with him. The court decreed her suit and she left her husband’s house to live with her maternal uncle.
Her father lodged a criminal complaint at Naushero Feroze PS, alleging that her maternal uncle had kidnapped her with intent to commit sexual intercourse. She said she was not abducted but had left her house after dissolution of her marriage. Additional Advocate-General M Ahmed Pirzada denied that the police have registered a false case.
The bench observed that according to the ‘nikahnama’ of her dissolved marriage produced by the petitioner, she was ‘sui generis’ and fully entitled to decide where to stay and whom to live with. There was no reason why she should be forced to change her residence from her maternal uncle’s house, it observed, and quashed the FIR.
BAIL CONFIRMED: Chief Justice Sabihuddin Ahmed, meanwhile, confirmed the pre-arrest bail granted to PPP MPA Mukesh Chawla. The MPA was booked on a complaint by a police officer that he tried to snatch his wrist watch and cellphone.
