KARACHI: SHC orders probe into torture of detainee
By Shujaat Ali Khan
KARACHI, Oct 23: The Sindh High Court on Tuesday quashed a criminal case against a detainee, ordered his release and instituted an inquiry into his arrest and torture during detention.
Teenaged Mohammad Shahid Rind was picked up by CID personnel mistaking him for ‘Bahadar Brohi’, brother of notorious offender Mashooq Brohi, while he was travelling in a bus from Hub to Karachi on July 28 but was shown to have been arrested in a criminal case on October 10. His uncle moved a petition against his detention through Advocate Adnan Karim and the court ordered his production.
A division bench comprising Chief Justice Sabihuddin Ahmed and Justice Sajjad Ali Shah was shocked to see the pale and ailing detainee when he was produced by jail authorities on Tuesday. The bench heard his tale of woes later in chamber in the presence of Deputy Attorney-General Rizwan Ahmed Siddiqui and Additional Advocate-General Zubair Qureshi.
Shahid said he was tortured by police to ‘admit’ that he was the brother of Mashooq Brohi. He showed his tormentors his identity card but they refused to accept its authenticity and insisted on his relationship with Brohi. He was initially kept at the Saeedabad police station in CID custody before being formally arrested in a case.
The bench also heard investigation officer Ghulam Subhani and a deputy superintendent of CID. They were unable to satisfactorily explain their conduct. They ascribed the detainee’s poor health to some kidney problem he suffered from. The bench was also informed that his habeas corpus petitions under 491 of the criminal procedure code were earlier dismissed by the district and sessions judge and the high court.
The federal and provincial attorneys agreed that it was a case of mistaken identity and the detainee had apparently been involved in a case under Section 324 of the penal code to cover up unlawful custody. The DAG suggested that the petition should be converted into a criminal appeal and the detainee, who seemed to be on the verge of collapse, released. The bench directed Anti-Corruption Establishment director A.D. Khwaja to probe the police conduct and submit a report within a month. The case against Shahid was quashed and his uncle was asked to have him treated at the Sindh Institute of Urology and Transplant.
Bail for detainee
Sohail Akhtar, another detainee picked up from outside Masjid-i-Khizra adjacent the high court, in March 2004 was ordered to be released on bail by the bench. He was admitted to bail in the sum of Rs 50,000 each in the two cases still being prosecuted against him. A petition against Sohail’s arrest and detention was moved by his brother, Syed Saeed Akhtar. He denied that he belonged to any militant organization.
The petition said the detainee was first implicated in the Macedonian consulate blast case and was awarded life term by an anti-terrorism court. He was acquitted in appeal by the high court but was involved in other cases. He was granted bail but was kept behind bars under the Maintenance of Public Order Ordinance.
His release orders were frustrated several times. He is still wanted in the Jauharabad blast case besides a car theft case registered by the anti-car lifting cell.
Advocate Rasheed A. Razvi, who appeared as amicus curiae, said the police had apparently acted mala fide in preventing the detainee’s release. There were successive bail orders but he was implicated in one blind FIR after another.
The bench remanded the accused in jail custody till he furnished security to the satisfaction of the SHC nazir. Further hearing was adjourned to November 1 with the direction that he would not be arrested in a new case without the court’s permission.
