HYDERABAD: The Sindh High Court, Hyderabad circuit, on Thursday summoned the federal defence secretary and Hyderabad DIG to appear in court on Aug 28 in person with a comprehensive report regarding the case of Sarwaich Nohani, a Sindh University student who was allegedly arrested by CIA almost four years ago and has been missing since then.
The order was passed by a division bench comprising Justice Zafar Ahmed Rajput and Justice Amjad Ali Bohio on a constitutional petition filed by the missing student’s brother, Sartaj Nohani, through Advocate Irfan Ali Khaskheli.
According to the petitioner, his brother, Sarwaich, was first booked in 2015 following registration of a false FIR (401/2015) at the Kotri police station under Sections 6/7 of the Anti-Terrorism Act and Sections 435 and 123-A of the Pakistan Penal Code (PPC) against him. Sartaj submitted in court that his family belonged to the Sindh United Party (SUP) and that his brother was not involved in any criminal activity. The Jamshoro police, he stated, had been harassing the family.
He further stated that in March 2017, a Rangers official and the Jamshoro police confined his brother at an unknown place and then let him off.
Petitioner claims his brother was picked up by LEAs almost four years ago
He said that on March 8, 2018, police and other law enforcers entered the family’s home and took away his father, Sahib Khan Nohani, and released him after his uncle, Mohammad Mithal, filed a petition.
In 2019, law enforcers again arrested Sarwaich and released him after his parents filed a petition in court, he said, adding that his brother was shown arrested in a false case.
The petitioner further submitted in court that on Nov 9, 2020, the Jamshoro CIA Centre in-charge along with other law enforcers entered his house and took away Sarwaich. Since then, his whereabouts were not known, he said.
According to him, the family had been facing harassment by the Jamshoro police and law enforcement agencies, which had been disgracing them at will for several years.
The petitioner has cited the federal defence and interior secretaries, DG ISI, Sindh home secretary, DG Rangers, Sindh IGP, Hyderabad DIG, Jamshoro SSP and CIA in-charge as respondents.
He prayed the court to direct the respondents to produce Sarwaich in court and restrain them from harassing his family.
In its Thursday order, the bench noted that the petition was filed on Nov 11, 2020 for the recovery of Sarwaich, 24, who was allegedly picked up by the Jamshoro CIA in-charge on Nov 9, 2020.
The order noted that the student was arrested from his house and his whereabouts were not unknown to date. Even a joint investigation team (JIT) was formed and multiple cyclostyle reports were filed, showing no progress towards his recovery.
It said: “Let on next date of hearing federal secretary defence be in attendance alongwith comprehensive report and affidavit that alleged detainee is not in custody of law enforcing agencies serving under him”.
The court ordered the Hyderabad DIG to be in attendance along with progress report and the official who was posted as the Jamshoro CIA in-charge on Nov 9, 2020.
The bench fixed the matter for Aug 28.
Additional Advocate General Mohammad Ismail Bhutto, Kotri DSP Shahnawaz Jokhio, Jamshoro SHO Arsalan Solangi, and Inspector Shamsuddin (on behalf of Jamshoro SSP) and Assistant Attorney General Bashir Ahmed Almani attended the hearing.
Published in Dawn, August 10th, 2024
