KARACHI, May 16: The defence ministry categorically denied on Tuesday that Dr Safdar Sarki, secretary-general of the Jeay Sindh Qaumi Mahaz, was in the custody of the Inter-Services Intelligence or any other agency working under it and the Sindh High Court disposed of a petition against his alleged detention by advising his petitioner-brother to seek remedy from an appropriate forum.
A division bench, comprising Justices Ghulam Rabbani and Gulzar Ahmed, had called for a statement on oath from the ministry in response to an allegation by the petitioner’s counsel, Nooruddin Sarki and Syed Ghulam Shah, that according to their information, Dr Sarki was being held by the ISI at Napier Barracks, Karachi.
Federal government standing counsel Syed Ziauddin Nasir submitted brief statements on behalf of the Pakistan Army’s Corps V and the local office of the judge advocate-general (JAG) branch that the alleged detainee was neither arrested nor confined by any military agency. The bench sought an affidavit from the defence secretary as military agencies functioned under its overall supervision.
As the petition came up for hearing on Tuesday, the counsel produced an affidavit sworn by Major-General M. Ashraf Chaudhry, acting defence secretary, stating that Dr Sarki was neither taken nor being kept in custody by the ISI or any other agency working under the control or supervision of the ministry of defence. A provincial law officer had earlier denied police or Ranger hand in the alleged arrest or detention.
The bench disposed of the petition by observing that a writ of production could not be issued in the circumstances and advised petitioner Munir Sarki, the alleged detainee’s brother, to seek his remedy from an appropriate forum. He could lodge a criminal complaint with police.
Dr Sarki, who also holds US citizenship, was on a visit to Pakistan when he was picked up from his father’s residence in Gulistan-i-Jauhar, Karachi, in the last week of February. According to the petitioner, he was taken away by a police party, led by a DSP named Mohammad Asalm. An affidavit was filed on behalf of the police official denying the allegation.
A petition against the alleged detention of prayer leader Mohammad Aleem Tariq of a Gulshan-i-Hadeed mosque was meanwhile, adjourned by the bench to May 23 for a reply by a federal attorney.
Ms Naz Bibi submitted through Advocate Omar Farooq Khan that her husband was picked up by the SHO of Shah Latif Town on Dec 17, 2005, and was being interrogated by the ISI and the Rangers at an undisclosed location. There was no case registered against him nor he was produced before any magistrate. The SHO and the town police officer of Bin Qasim Town, however, denied the allegation and a federal attorney sought more time to obtain information from the agencies concerned.
ADJOURNED: Another division bench, comprising Chief Justice Sabihuddin Ahmed and Justice Mrs Qaiser Iqbal, meanwhile, adjourned the hearing of another habeas corpus petition against the detention of computer science teacher Madho Das of Larkana, Chandra Prakash, the alleged detainee’s brother, submitted through Advocate Nooruddin Sarki that Madho Das, an MSc in computer science, disappeared while on his way from Kashmore to Karachi on July 10, 2004. He ran a computer coaching centre at Larkana and left for Karachi in connection with his computer business but never reached the city.
Nothing was known about Das until his brother received a call from the Central Prison, Karachi, on April 15, that he was lodged there. Prakash was told on phone that he could meet Das in jail if he wanted. The petitioner said no case was lodged against his brother nor was he produced before any magistrate.
A provincial government law officer informed the bench on Tuesday that the detainee was in custody under a federal law for acting in a manner prejudicial to the security of Pakistan and that his detention was due to come up before a federal review board, comprising members of the superior judiciary. He requested that he should be allowed to submit detailed comments after the review board’s meeting.The bench allowed the request and adjourned the hearing to May 30. A notice was also issued to a federal attorney.
NOTICE TO DAG: Another division bench, comprising Justices Zia Pervez and Rahmat Hussain Jafferi, issued a notice to a deputy attorney-general in a petition seeking diversion of the Lyari Expressway to save a mazar in the PIB Co-operative Housing Colony. The petitioner, Jama Taiyaba Qadri Trust, submitted through Advocate Shaukat Ali Shaikh that the mausoleum and the adjoining mosque were constructed in 1969 with the permission of the deputy commissioner of Karachi. The trust requested that the National Highway Authority should be directed to change the site plan and build the expressway in a manner the structure was left intact.
A provincial law officer submitted that the federal government should also be impleaded as a respondent since the NHA was controlled by a federal ministry. The bench issued a deputy attorney-general a notice for May 23 and adjourned further hearing to that date. The interim status quo order granted by the bench earlier would, meanwhile, remain in force.
