KARACHI, Oct 18: The Sindh High Court rejected the medical report submitted by a doctor of the Civil Hospital Karachi on Wednesday in respect of an under-trial prisoner who was subjected to torture by the police and later admitted to the hospital,
A division bench of the Sindh High Court, comprising Justice Sarmad Jalal Osmany and Justice Syed Sajjad Ali Shah, on Wednesday took action on the report submitted in handwriting by Dr Shoaib of the Surgical Ward-III of Civil Hospital on a complaint that Ghulam Bari was subjected to torture by the anti-dacoity and robbery cell of Saddar.
The bench, which had earlier ordered admission of Ghulam Bari to the hospital on account of his visible and internal injuries, sought report from the medical superintendent, and wondered why prisoner had been admitted to the surgical ward while he needed treatment for torture which had paralyzed him.
The court also perused an application submitted by the petitioner, Ghulam Farid, the brother of the UTP, to medical superintendent of CHK, the health secretary and before the court itself.
The applicant moving an application through his counsel, Mehmood A Qureshi, maintained that the court orders were circumvented and instead of admitting the UTP to medical ward and instead of carrying out his thorough examination for the injuries sustained by him during the custody of anti-dacoity and robbery cell for 13 days, he was admitted to the Surgical Ward-III.
The applicant maintained that Dr Shoaib of the Surgical Ward-III had good relations with police officers responsible for torture to Ghulam Bari and they managed get him admitted. The UTP was not given proper treatment as ordered by the court, the applicant stated in his application adding medicines given to the UTP would damage the proof of torture.
The bench ordered the medical superintendent to constitute a medical board for examining the injuries caused to the UTP and to submit a detailed report.
The bench also summoned Dr Shoaib to appear before the bench on the next date of hearing and explain his hand-written report which was found “not legible”.
The bench earlier also inquired from assistant sub-inspector Sarwar Sultan why the UTP was tortured mercilessly. The UTP was also produced in custody.
According to the petitioner, his brother was picked up by the ADRC on Sept 22 and booked in a 17-year-old false case on Oct 4 after a petition was filed.
Meanwhile, the Sindh High Court disposed of a petition against illegal confinement of police inspector by the investigation branch as the court was informed that the detainee was arrested in the murder case and remanded to jail.
Mohammad Sadiq submitted that his brother, a former SHO of Kalri, Baharuddin Babar, who also took part in Lyari operation against gangsters, had been illegally detained by the investigation branch since Aug 22 without producing him any court of law.
As the matter was taken up before the division bench, comprising Justice Sarmad Jalal Osmany and Justice Sajjad Ali Shah, the court was informed by the DIG Investigation, Manzoor Mughal, that Baharuddin Babar was arrested by the police on Oct 14 in connection with the murder case of Rasool Bux Brohi registered at Sakrand, Nawabshah.
He submitted that the petitioner's brother was produced before the district and sessions court Nawabshah and the court subsequently sent him to Karachi central prison. On Wednesday, he was to be produced before concerned court as per production order. He prayed the court to dismiss the petition as it served the purpose.
The court, after recording the statement of the DIG, disposed of the petition as infructuous.
judicial inquiry: The Sindh High Court issued notice to the home department on Wednesday on a petition seeking release of a judicial inquiry report concerning the death of an activist who died in custody.
The report was submitted to the home department by a tribunal, comprising Justice Zawar Hussain Jaffery, but the home department did not release the report for the information of general public. The report carried findings of the tribunal after examining evidence of the jail authorities, prisoners and medical experts.
The petitioner, Qambar Ali, said the home department’s move amounted to deprive him of his right to know judicial findings, and the cause of the death of his cousin, Mohammad Hasan Gichki, who was also a leader of the Balochistan National Party, and who died in prison.
He submitted that the release of the report would help in the safe administration of justice and would suppress the mischief and advance the remedy for consumption of general public at large as the same is neither a state secret nor it would affect the sovereignty and integrity of Pakistan.
SHC's division bench, comprising Justice Rehmat Hussain Jaffery and Justice Ms Yasmeen Abbasi, after preliminary hearing of the petition, issued notice to the home department and advocate general Sindh and called their comments.
Meanwhile, the Sindh High Court issued notice to the AG Sindh and the Superintendent of Sukkur Jail for Oct 27 on a petition against detention of Jamhori Watan Party activist, Azmat Bugti under maintenance of public order.
Bibi Mugheri of Kashmore submitted that her son was arrested by the police in false case and later released on bail by the court of law.
She said despite his bail, the jail authorities did not release Azmat and handed him to police who subsequently sent him again to jail under MPO on Aug 6 without any specific allegation and since then he was still in illegal detention.
The petitioner said her son was incarcerated as his clan was at the loggers- head with the government. She prayed the court to set aside the detention order against her son and release him.
SHC's division bench, comprising Justice Rehmat Hussain Jaffery and Justice Mrs Yasmeen Abbasi, after preliminary hearing of the petition issued notice to the AG and the jail authorities for Oct 27 and called their comments.—PPI
