KARACHI, July 8: A human rights activist of Mithi has been arrested by a Military Intelligence unit on charge of espionage and is to be tried by a field general court martial, the Sindh High Court was informed on Tuesday.

The information came in response to a notice issued in a habeas corpus petition moved by detainee Krishan Sharma’s mother.

As the petition came up before a division bench, comprising Justices S. Ahmed Sarwana and Zia Perwez, Additional Advocate- General Suleiman Habibullah produced a ranger’s letter saying that Sharma was not in their custody. Deputy Attorney-General Nadeem Azhar Siddiqui submitted a communication from the Pakistan Army’s judge advocate-general (JAG) branch, saying that “Mr Sharma has been arrested under Section 2 (1) (d) of the Official Secrets Act, which is subject to the Army Act of 1952.” The law officer sought disposal of the petition as there was no illegal confinement involved.

The petitioner, Shrimati Leela, alleged in her petition that Sharma was picked up by the rangers at Naukot on March 21 while travelling by a coach from Mithi to Karachi. He had since been detained at the Nazimabad (Karachi) detention centre of the federal investigation unit (FIU). He had not been informed of the charge against him, nor produced before a magistrate.

Relying on Article 10 of the Constitution, Advocates Syed Ghulam Shah and Noor Naz Agha argued before the bench on Tuesday that no person could be detained without being informed, as soon as possible, of the grounds for such an arrest, nor could he be denied the right to consult and be defended by a legal practitioner of his choice. In case of preventive detention under a federal law for any period exceeding one month, the matter was to be referred to a review board, headed by the chief justice of Pakistan.

The counsel submitted that Sharma was arrested on March 21 but no charge had been conveyed to him nor a lawyer allowed to see him. The name mentioned in the rangers and JAG branch letters was “Kishan Sharma” and not “Krishan Sharma” and they were not sure about the identity of the person detained. Krishan Sharma was a known human rights activist associated with the Human Rights Commission of Pakistan and Baanh Beli. He had never indulged in anti-state activities, they said. Besides, they added, a civilian could not be tried by a court martial and Sharma’s detention by military authorities was, therefore, unlawful.