August 13, 2008	Wednesday	Sha’aban 10, 1429

RAWALPINDI, Aug 12: The Lahore High Court (LHC) Rawalpindi bench here on Tuesday served notices on the provincial government and Adiala Jail’s superintendent, directing them to respond to a petition filed by a man, who claims to be a former LHC judge.

Justice M.A. Zafar directed the additional advocate general (AAG) Punjab to submit his reply on August 19, explaining why Mustafa Ismail Qazi, the petitioner, had been kept in jails since 1992 reportedly with out any trial.

Siddique Mughal advocate, in the petition, claimed his client was booked by the Federal Investigation Agency (FIA) Rawalpindi under sections 17, 18 and 22 of Emigration Ordinance in 1986, and the case was disposed of in 1988 after the petitioner paid the settled amount to the complainant in the case. However, the petitioner was not released as he also faced charges in several other cases.

According to the petition, Mustafa Ismail has been absolved from all cases registered against him in Karachi, Hyderabad, Multan and Rawalpindi, accept for two cases of 1986 in which he had obtained bails in 1998.

It was on July 10 this year that the FIA Rawalpindi sought the judicial remand of the accused from the court of special judge central (SJC) where the accused had been facing the two cases. The judge granted the remand.

The petitioner stated in his submission to the LHC that the FIA had no record of the case and the record had also not been found with the judicial record keeping of the district. During all that time, the accused had been in jail without any trial and his incarceration had exceeded the prescribed punishment for the offences he had allegedly committed.

The petitioner has prayed to the court that he had been kept in illegal confinement in the Adiala Jail and his release orders should be issued after listening him in the high court.

Meanwhile, the SJC issued show cause notice to District Coordination Officer (DCO) and sought his explanation over the disappearance of the record of Mustafa Ismail’s case after his lawyer moved the court for release of his client under section 403 (Person once convicted or acquitted not to be tried for same offence) of Criminal Procedure Code (CrPC).

The court has earlier asked the DCO to produce the relevant record in the court to determine whether or not the accused has been absolved in the case. The judge adjourned the hearing till August 19.

It may be recalled here that Ismail Qazi, who claims to have served as a judge of LHC, has been in different jails for the last 16 years as his police file got lost in Karachi. He alleges that he has been penalised for summoning a former first lady in the court in 1984 in a narcotics case. The relevant high court had however officially stated that there had been no record of a judge with the name of Mustafa Ismail.