ISLAMABAD: The wife of a serving brigadier, who was working as a director in Defence Housing Authority, Quetta and is said to be in the custody of military authorities, has asked the Lahore High Court’s Rawalpindi bench to declare her husband’s detention illegal.

Ummaira Saleem, wife of Brigadier Akhtar Subhan, said her husband was taken into custody by officials of Special Investigation Branch of the Military Police on June 22, 2023.

The case was fixed for hearing on Sept 13 and Justice Jawad Hassan of the Lahore High Court had initially raised objections during the hearing of the case that the petitioner could not seek relief from the high court as Article 199 (3) of the Constitution barred the high court from taking up the matter related to personnel of armed forces.

The petitioner’s counsel, Advocate Inamur Rahim, however, cited a number of cases in which the superior courts entertained such petitions and also set aside the orders of the military authorities.

The LHC then issued notice to the defence ministry and other respondents, and sought their replies and adjourned the hearing till Sept 14 since it was a habeas corpus petition. However, in the written order, the date of the next hearing was mentioned as Oct 6.

The petitioner filed another application on Tuesday, seeking an early hearing of the case. She cited sections 74 and 75 of Pakistan Army Act, 1952, read with Rule 23 and 24 of the Pakistan Army Act Rules, 1957, and claimed that the arrest and custody of Brig Subhan was illegal.

The petition said that the burden of the proof in a habeas corpus matter is always on the detaining authority to prove that the detention is lawful.

It requested the court to decide the case as quickly as possible. The Lahore High Court’s Rawalpindi bench will now hear the petition on Wednesday.

Published in Dawn, September 20th, 2023

Opinion

Trouble at home

Trouble at home

The country’s strength lies in its political and economic stability, not in fleeting moments of diplomatic success.

Editorial

Pezeshkian’s visit
Updated 24 Jun, 2026

Pezeshkian’s visit

Perhaps a good place to start would be the resumption of work on the Iran-Pakistan gas pipeline.
Telecom bill
24 Jun, 2026

Telecom bill

THERE is now no question about it: the Pakistan Telecommunication (Re-organisation) (Amendment) Bill of 2026 is a...
Updating Islamabad
24 Jun, 2026

Updating Islamabad

ISLAMABAD is growing rapidly. Its planning, however, remains stuck in bureaucratic limbo. Despite years of ...
Unsustainable growth
Updated 23 Jun, 2026

Unsustainable growth

CLICHÉS are an essential part of political rhetoric. But when repeated often, they lose their impact. So when...
Banned speeches
23 Jun, 2026

Banned speeches

NATIONAL Assembly Speaker Ayaz Sadiq on Sunday formally lifted long-standing restrictions on the airing of ...
New GB government
23 Jun, 2026

New GB government

WITH the newly elected lawmakers of the Gilgit-Baltistan Assembly taking oath on Monday, the PPP looks set to head...