KARACHI, Aug 8: The Sindh High Court on Tuesday summoned the FIA's immigration official at Karachi Airport on Aug 16 on a petition against illegal detention of an ex-Navy officer by the law-enforcement agencies since July 3 soon after his deportation from Dubai.
Ms Zehora Masooma alleged that her spouse engineer Syed Mumtaz Hussain, an ex-Navy officier, who was now working in Dubai as senior IT administrator, was arrested by the LEAs at Karachi Airport on his return from Dubai to Karachi.
She submitted that her spouse was earlier detained by the CID of Dubai on June 6 and later the CID after confining him for 22 or 25 days deported him with family members.
She said that the whereabouts of detainee are till unknown since July 3, and he has neither been shown arrested nor has been produced in any court of law.
The petitioner linked the deportation of the detainee and his family on the directives of Pakistan's interior and defence ministries, and if any concrete or positive material regarding violation of law was found against the petitioner's spouse, he must be prosecuted in Dubai.
As the matter was taken up before SHC's division bench, comprising Justice Sarmad Jalal Osmany and Justice Ali Sain Dino Metlo, the petitioner's counsel Rasheed A Rizvi prayed the court to summon the FIA's immigration control officer Imtiaz Memon to inquire and ascertain the place of his detention. The court, issuing notice to the FIA official, adjourned the hearing till Aug 16.
Meanwhile, the same bench adjourned the hearing of a petition against detention of a businessman allegedly by the law-enforcement agencies since November last year for his links with Al-Qaeda and Taliban operatives.
The court directed the office to fix the matter with other detention petitions which would be taken up on Aug 16.
Ms Javeria Arif Kasmani alleged that her spouse Mohammad Arif Kasmani was arrested by the law-enforcement agencies on Nov 29, 2005, when he was leaving to Lahore through PIA flight PK-306 for attending business meeting. Ms Javeria believed that her spouse was detained by the LEAs on directives of US investigation agencies.
PEARL CASE: The counsel of Ahmed Omer Saeed Sheikh, a convict in US journalist Daniel Pearl kidnapping and killing conspiracy case, has gone abroad for heart surgery, the Sindh High Court was informed on Tuesday.
SHC's division bench, comprising Justice Sarmad Jalal Osmany and Justice Ali Sain Dino Metlo, was hearing appeals of Omer and others against their conviction by the trial court.
Mohsin Imam appeared for Omer's Lahore based-counsel Khawaja Sultan, and informed the court that the latter has gone abroad for heart surgery and is likely to come back in November.
Earlier, prior to statement of counsel, the court repeated notice to appellant's counsel for Aug 29 through the Lahore High Court Bar Association..
The main accused Ahmed Omer Sheikh was sentenced to death on charges of kidnapping and killing US journalist, and his three accomplices Fahad Naseem, Syed Salman Saqib and Sheikh Muhammad Adil were sentenced to life imprisonment, with a fine of Rs5,00,000 each by the ATC Hyderabad on July 15, 2002.
The appeal against conviction of appellants and state appeal for enhancement of sentence of the co-accused are pending in the SHC since 2002.
Petitions dismissed: The Sindh High Court on Tuesday dismissed three identical petitions filed by officials of Civil Aviation Authority for their promotions in CAA.
Mohammad Salman Qureshi, Mohammad Yousuf and Adeeb, Air Traffic Control Superintendents in CAA contended they were being neglected by the authority in their promotions and prayed the court to declare that petitioners deserve promotions as superintendents since their date of actual promotion, like in other federal government departments.
CAA's law officer Obaidur Rehman Abbasi informed the court that CAA is not an attached department of the federal government, but in fact, it was an autonomous body created under Pakistan Civil Aviation Ordinance XXX of 1982.
He informed the court that the CAA has its own rules and regulations regarding promotions, induction and upgradation of employees.
He also placed on record advice of the establishment division, law and justice division in which it has been declared and held that Section 3 (2) of Pakistan Civil Aviation Ordinance provides that the CAA shall be body corporate and is not attached department of the federal government.
He further submitted that according to Article 2 (ii) of Rules of Business 1973, CAA is created through Act of Parliament and is not in the list of attached departments of the federal government.
SHC's division bench, comprising Chief Justice Sabihuddin Ahmed and Justice Zia Pervaiz, after statement by the CAA's law officer dismissed the petitions.
