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HYDERABAD: A division bench of the Sindh High Court, Hyderabad circuit, ordered the home department to issue a notification for the setting up of a joint investigation team (JIT) within a week regarding recovery of five Muttahida Qaumi Movement-London (MQM-L) activists.
The bench comprising Justice Salahuddin Panhwar and Justice Fahim Ahmed Siddiqui issued the order on two identical petitions filed for the recovery of Syed Aman Ali and Abid Ghauri.
The separate petitions were filed by respective fathers of the activists through advocate Shakeel Zai.
In compliance with the court’s Aug 10 order, Hyderabad SSP Amjad Ahmed Sheikh appeared in person before the bench along with Latifabad DSP Ayub Durrani, Inspector Manzoor Ali Shah and other policemen on Wednesday.
The SSP submitted in court that the missing persons named in the two identical matters had returned.
He claimed that they had not been detained by any person or authority.
The police officer stated that the matter needed further investigation.
He said that the JIT [ordered by the court on Aug 10 to be formed within 15 days] had not yet been set up and the matter was pending with the home department.
DSP Durrani submitted in court that as per the petitioners, the activists were taken away by men in civvies belonging to agencies and not the police.
Assistant Attorney General Zafar Ali Rajput said that the activists were not detained by any agency.
He said that he would file a categorical statement and affidavits of the officers concerned.
The court dispensed with the attendance of police officers while adjourning the matter to Sept 11.
It ordered the home department to issue a notification for the formation of the JIT within a week failing which a show-cause notice would be issued to the home secretary.
The SHC order of Aug 10 had asked for the formation of the JIT regarding the cases of five missing MQM-L activists within the next 15 days and submission of such report in the court.
It had directed the Hyderabad SSP to ensure recovery of the missing persons and appear in person in court in case of failure.
Abid Ghauri is the elected chairman of a union committee.
His father Mehmood Khan Ghauri had filed the petition for his son’s recovery stating that Abid was picked up on March 31 in Barkat Bhai Town by some men riding a double-cabin vehicle.
The other petition was filed by Aman’s father, Syed Asghar Ali.
Woman’s medical examination ordered
The same bench on Thursday ordered medical examination of Gulnaz Shah (whose name before her controversial conversion was Raveeta Meghwar) and directed the Tharparkar district health officer to constitute a medical board to determine her age.
The bench asked for completing the exercise within the next 15 days.
It noted that the private respondents had claimed that Gulnaz had committed an offence under the Sindh Child Marriage Restraint Act by contracting marriage with Nawaz Ali Shah before attaining the age of 18.
It also noted that the respondents had submitted her school certificate.
The bench observed that a sanad issued by a seminary showed her age as 18, therefore, judicial propriety demanded that her medical examination should be conducted.
The court stayed the case proceedings pending before the judicial magistrate concerned regarding submission of the interim charge-sheet in the case (No. 14/17) against the couple.
The couple had filed a constitutional petition through advocate Zahoor Baloch praying for the quashment of the FIR lodged by the woman’s father, Satram Meghwar, who is represented by advocate Bhagwandas.
In an earlier hearing held in June, the court had allowed the woman to live with her husband after her statement was recorded in the judge’s chamber where Satram, Nawaz Shah and counsel of both sides were present.
The woman stated that she wanted to go with her husband.
Published in Dawn, September 1st, 2017
