KARACHI: The Sindh High Court (SHC) has issued a notice to a federal law officer for furnishing incorrect information about a missing person.

A two-judge bench headed by Justice Naimatullah Phulpoto asked the Deputy Attorney General (DAG) Asad Ali Bajwa that under what circumstances he gave a statement before the Lahore High Court (LHC) about detention of a missing person in an explosive substance case.

Uzma Ghulam petitioned the SHC earlier this month seeking whereabouts of her husband, Ghulam Qadir Patni, a former sector-in-charge of the Muttahida Qaumi Movement stating that after her husband quit the party, rival groups started harassing him in collusion with the local police.

The petitioner contended that Patni was picked up by the Federal Investigation Agency at Lahore airport while he was set to leave for Dubai in February.

SHC issues notice to DAG who told LHC in February that missing person was arrested in explosives case

When the bench took up the matter for hearing, the lawyer for the petitioner informed the court of an order passed by the LHC on Feb 20 in a writ petition in which DAG Bajwa informed the court that the missing person had been arrested in a case registered at the Sachal police station in Karachi under Section 4/5 of the Explosive Substances Act, 1908.

However, the SSP-Investigation (East) in his comments informed the SHC that the missing person in question had not been arrested in the FIR lodged at the Sachal police station.

Also, the Sachal SHO in his comments stated that the missing person was not arrested by the police and his whereabouts were not known to them as well.

He further stated that that the case regarding explosive substance in question had earlier been disposed of under A-class that pertains to those cases in which accused persons are unknown or untraceable.

The bench in its order states, “Let notice be issued to Mr Asad Ali Bajwa, deputy attorney general at Lahore High Court, Lahore, under what circumstance he gave the statement before the Lahore High Court that missing person has been arrested in the aforesaid crime.”

Adjourning the hearing till May 10, the bench took on record some documents filed by an additional attorney general and provided the copies of same to the counsel for the petitioner.

Citing the FIA, Sindh police and others as respondents, the petitioner submitted that initially, a petition was filed before the LHC and the deputy attorney general informed the LHC that the missing person had been arrested by the Sindh police in a case registered under the Explosive Substances Act at a Karachi police station and his custody was handed over to the Karachi police.

The lawyer for the petitioner argued that a complaint was also filed with a sessions court concerned in Karachi for the recovery of the missing person, but the same was disposed of as Patni was not found at the Sachal police station.

Therefore, the petitioner moved the SHC, asking it to direct the police and FIA to produce the missing person in court.

Published in Dawn, April 26th, 2023