HYDERABAD: A division bench of the Sindh High Court Hyderabad circuit, comprising Justice Abdul Maalik Gaddi and Justice Mohammad Karim Khan Agha, on Monday issued bailable warrants of arrest against Badin senior superintendent of police (SSP) in missing persons’ cases.

The order was passed by the bench while hearing four identical petitions. On the last hearing, Sept 12, the Badin SSP was direc­ted to appear in person before court to explain why no substantial/concrete efforts had been made by him to recover the alleged missing persons.

The court noted that these matters, pertaining to the missing persons who had not been recovered for long, were serious in nature. It observed in the order that when they were called for hearing it was informed by the reader of the court as well as the additional advocate general that the Badin SSP was not present at that moment.

Court irritated by senior police officer’s non-appearance

It said: “We are surprised to note that despite notice on these petitions, the SSP is not present to explain his position. It appears that the SSP has no respect/regard of this court. These matters were repeatedly called but no satisfactory explanation is offered why the SSP Badin is not present.”

The court ordered issuance of bailable warrants in a sum of Rs10,000 to be executed through the deputy inspector general of police (DIG) Hyderabad. It said that in case of lack of compliance, the court might call the Hyderabad DIG to appear in person.

The court adjourned the matter to Oct 10.

This identical order was passed on four separate constitutional petitions filed by residents of Badin district last year. Noor Ahmed Bughio filed a petition for the recovery of his brother Ali Ahmed Bughio, Mohammad Abbas Gurgaiz moved the court for the recovery of his son Aziz Ahmed, Ghulam Rasool Jarwar approached the court for the recovery of his brother Ghulam Raza and Maryat filed a petition for the recovery of her husband, Shadi Soomro.

Ali Ahmed Bughio and Aziz Ahmed Gurgaiz were picked up on May 24, 2017 and Ghulam Rasool Jarwar and Shadi Soomro were taken into custody on May 23, 2017. The petitioners said that men in civvies arrested them at their homes.

The petitioners approached the SHOs concerned but the police officers did not give a satisfactory reply.

Maryat said she had approached the Badin SSP, but he said he did not know the whereabouts of the man as he had not been produced before any court.

They asked the court to ensure the recovery of the ‘missing’ persons.

On Sept 12, the court had stated that those petitions had been pending since 2017 and till now no substantial progress had been made by the respondents in locating the missing persons. Therefore, under the circumstances the SSP was directed to appear in person and explain why no concrete steps had been taken for recovering the ‘missing’ persons.

The Sindh AAG had sought time to file a report of the provincial task force while the deputy attorney general had denied that the missing persons were taken away by law enforcement agencies.

Advocate Ali Ahmed Palh appe­a­­red on behalf of the petitioners.

Published in Dawn, October 9th, 2018

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