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KARACHI, Oct 16: A division bench of the Sindh High Court on Tuesday disposed of a petition as non-pressed in which the petitioner had alleged that the authorities were torturing her husband Mohammad Khan for extracting confessional statment implicating ex-senator Asif Zardari in a murder case.
The petition filed by Mrs Yasmeen Chachar, through counsel Syed Amjad Ali Shah, had come up before the bench, comprising Justice Ghulam Rabbani and Justice Musheer Alam.
The petitioner’s contention was that her husband was being tortured to implicate Mr Zardari in the murder of Sajjad Hussain, former chairman of Pakistan Steel.
Counsel Shah had argued that the prosecution had acted in violation of Articles 13, 14 and 4 of the Constitution allegedly torturing the detainee to extract a confessional statment under duress. It was a violation of fundamental rights.
The petitioner claimed that her husband, Muhammad Khan Chachar, is confined in District Jail Raheemyar Khan in case FIR No 194/99 of PS Qila Gujar Singh, Lahore, wherein he was falsely implicated due to political reasons and was convicted by the Special Court Lahore vide Judgment (dated June 19, 2000) in case No. 69/2000.
Appeal against the said judgment is pending adjudication before the Lahore High Court.
It was petitioner’s claim that her husband was implicated due to his affiliation with the PPP and particularly for the reason that he refused to give statements against Senator Asif Ali Zardari while he was arrested by the police on Aug 20, 1999, and was kept in wrongful confinement.
The criminal miscellaneous application No 376/1999 was thus filed by the mother of Muhammad Khan Chachar in the Sindh High Court in which Sindh Home Secretary, IGP Sindh and other police officials were made respondents. The said application was disposed of by the court.
Subsequently when it was known that the Sindh Police had handed the custody of Chachar to the Punjab Police at Lahore, his mother filed criminal miscellaneous application in the Lahore High Court in which SSP Lahore and In charge CIA Gulberg Lahore, were made respondents. This was also disposed of.
It was the case of the petitioner that respondents No. 1 to 9 in league with each other and using the offices and authority of respondents No. 10 and 11 and to black-mail her husband are causing harassment and are compelling him to act according to their dictates.
She alleged that the respondents were threatening to kill her husband if he did not submit.
The petitioner had prayed that the said acts and conduct of the respondents be declared as without lawful authority, and ultra virus of the constitution and respondent No. 1 to 9 be restrained from causing harassment, mental torture, agony and pain by extending threats to kill and to induce the petitioner’s husband.
The DIG Karachi in a written reply to the allegations of the petitioner denied that Chachar was being tortured and had submitted that the husband of the petitioner was not being kept under wrongful detention.
Mr Sarwar Khan, DAG, Sindh, submitted the husband of the petitioner will be interrogated within the parameters of power to the police and strictly in accordance with the law.
He had contended that the present petition had been engineered with malice by the principal accused Asif Ali Zardari who had got the present petition find to take an advantage at the stage of trial of confronting the present condemned prisoner who was likely to produce implicating evidence at the stage of trial which at this stage is attempted to be prompted and nullified, the DIG in his written statment submitted.
He added that the condemned prisoner had voluntarily opted to surface the true facts to clear his conscience.
It was also the contention of the petitioner that the detainee had been brought to Karachi without any permission of the court. Only permission had been obtained from Judicial Magistrate South VII in this regard, though the JM had no authority to do so.
AAG Sarwar Khan submitted before the court that the apprehensions of the petitioner were misplaced and the detainee is not being tortured.
After his statment that everything will be done in accordance with the law, the petitioner did not press and the matter was disposed of accordingly.
NOTICES ISSUED: Wife of former Pakistan hockey captain Mansoor Ahmed has contended that her husband has been wrongly implicated in a case of removing 1,087 kg of silver from the Customs ware-house.
This contention has been taken in a petition filed by Ms Saghira Mansoor, through counsel Abul Inam, when the matter came up before a division bench of the Sindh High Court, comprising Justice Sabihuddin AHmed and Justice Ali Aslam Jaferi.
The bench put the Deputy Director Federal Investigation Agency and deputy prosecutor general National Accountability Bureau on notice for Oct 23 when the matter came up on Tuesday.
It is the case of the petitioner that some individuals of the Customs department had involved her husband in the case.
The FIA had arrested petitioner’s husband on Aug 8 and the matter is pending before Special Judge (Customs and Taxation) Karachi under section 156(82) of Customs Act 1969. The court later remanded accused on judicial custody.
Counsel Abul Inam contended that on Sept 11 Administrative Judge of Accountability Courts, Karachi, Judge Rehmat Hussain Jaffery, subsequently transferred custody of petitioner’s husband to NAB on physical remand.
The petitioner prayed to declare the impugned order of Sept 11, as illegal, unjust, arbitrary and without lawful authority. The matter has been fixed for Oct 23.
BUILDER’S CASE: The DAG and NAB authorities were put on notice for Oct 24 by the same bench when the writ petition of Mohammad Hanif and others came up for hearing.
The petitioner, who was arrested by NAB authorities, had challenged order of authorising arrest and allegations that the accused, in collusion with the government functionaries, defrauded the government and acquired government assets.
Represented by Khalid Anwar, the petitioner claimed that he has been implicated in the case owing to mala fide intentions and animosity of one Saifuddin, who is involved in litigation with the petitioner. He also alleged that in his zest Mr Saifuddin had also attacked site supervisor of the petitioner and a police case has been registered for that alleged offence.
