ISLAMABAD, Nov 25: The wife of a missing person filed in the Supreme Court on Monday a contempt petition against the defence hierarchy for allegedly obstructing police investigation in order to protect an accused, Maj Ali Ahsan of the Military Intelligence.
The petition filed by Advocate retired Col Inamur Raheem on behalf of Abida Malik has named as respondents Defence Secretary retired Lt Gen Asif Yasin Malik, Chief of the Army Staff Gen Ashfaq Parvez Kayani, Chief of General Staff Lt Gen Rashid Mehmood and GHQ Military Secretary Lt Gen Mazhar Jameel.
The Supreme Court is already seized with an application of Abida Malik seeking production of her husband Tasif Ali alias Danish. She alleged that Maj Ali Ahsan known as Maj Haider was involved in the enforced disappearance of her husband.
Tasif Ali, believed to be working for Hizb-ul-Mujahideen, went missing on Nov 23, 2011. He was reportedly in contact till the last call with Maj Haider who was then captain and posted at the MI-918 Mangla Cantonment.
The disappearance was reported to the Sadiqabad Police Station on Dec 5 last year and the case was heard by the Lahore High Court on March 19 this year but was dismissed.
In her complaint, Ms Abida alleged that harsh words were exchanged between her husband and the caller, believed to be Maj Haider, during a conversation on Nov 22 last year. The next day her husband went to offer Juma prayers and has since been missing.
Tasif Ali had started a furniture business some time before his disappearance.
At the last hearing on Nov 19, the apex court was informed that Maj Ahsan was performing his duty in the earthquake-hit Awaraan district of Balochistan and efforts were being made to recover Tasif Ali.
The contempt petition pleaded that the respondents as well as MI Director General Maj Gen Naushad Kiani were responsible for impeding the process of police investigation which itself was an offence under the Pakistan Army Act.
“It clearly proves that the entire defence hierarchy is endeavouring to provide illegal protection to Maj Ahsan, thereby obstructing the due process of the court in a sub judice matter,” it said.
The petition said that it was a constitutional obligation of the superior military authority under Article 190 of the Constitution to act in aid of the Supreme Court, especially when the matter was sub judice and conduct of an army officer was questioned. “It is incumbent upon all military officers to render all possible assistance to the Supreme Court so that justice is administered.”
By allegedly impeding the investigation, it said, the military hierarchy had not only misled the apex court and hampered the due process of law but also tried to prejudice the matter pending before the court and furthermore rendered their credibility as questionable/suspicious for all times.
“It is, therefore, respectfully prayed that in addition to show-cause notice to the respondents, contempt proceedings under Article 204 of the Constitution and Sections 2 and 3 of Contempt of Court Ordinance 2003 be initiated against them to meet the ends of justice,” the petition said.
