KARACHI, Oct 23: A division bench of the Sindh High Court on Wednesday expressed its displeasure over the manner in which lawyers were manhandled by intelligence officials while they rearrested Robin Piran Ditta from the court premises, after his release was ordered by the court on Tuesday.
The bench, comprising Justice Sabihuddin Ahmed and Justice Amir Hani Muslim, expressed its displeasure when a contempt application filed by some lawyers came up for hearing before the bench.
When the state counsel tried to oppose the petition, Justice Sabihuddin Ahmed put him on notice for Thursday and observed that “senior lawyers had come to our chambers with torn shirts, after the incident. What are you trying to defend? Go and seek instructions”.
The applicants are Noor Naz Agha, Syed Ghulam Shah, Asifa Rizvi and Ali bin Adam Jafri, advocates, who have identified Qasim Ghori (DSP) investigation Cell, CIA, Saddar and Tasarrud Mehmood, I.O. investigation cell, CIA, Saddar and others contemners in the matter.
A constitutional petition was filed by Pak-American Solidarity Society and others in which first three applicants were appearing as counsel while the fourth applicant, being member of the petitioner, was also assisting the counsel in the court in the above petition.
On Oct 22, the above petition came up before the division bench which after hearing the petition ordered that the detenue Robin Piran Ditta be released with immediate effect. The order was passed by the court approximately at 3 pm.
After finishing the day’s work, the bench withdrew to the chamber. The relatives of the detenue and the people of the press were available but the detenue being in a bad condition kept himself sitting in the court room for about 15 to 20 minutes.
It is the case of the applicants that the police, which had brought the alleged detenue in the court was present in the verandah of the court and as soon as the detenue, alongwith his relatives and the counsel started to move from the court room for going home, the police started following him. The media, too, was following these developments.
As soon as Robin Ditta, with his lawyers and relatives, reached the ground floor near the High Court Library, the police allegedly forcibly captured Robin and whisked him away.
SSP Investigation (Homicide) Manzoor Mughal had denied custody of the Piran Ditta and had told Dawn that “We have released Robin Piran Ditta on court orders. We picked him up on the court premises after the verdict of his release and took him to Investigation Branch (old CIA Centre) in Saddar. After the documentary proceedings, we dropped him at his residence in Mehmoodabad.”
But Piran Ditta’s counsel, specifically Noor Naz Agha advocate and Syed Ghulam Shah advocate, tried to resist the police attempts and tried to persuade them not to do that in the court premises. They alleged that one Qasim Ghori and other Tasarrud, the I.O. in the case, insisted that they would take away Robin Piran Ditta as they were under the instructions of the higher authorities and nobody could stop them.
In the meantime, two mobiles appeared in front of the main gate of the building in the library verandah and a number of policemen forcibly rushed inside the verandah, pushing and throwing away the press and other people, including the staff of the court. Lawyers tried to resist that and cautioned the police that they were committing a contempt of court and they have no right to arrest Robin Piran Ditta from the premises of the court.
But the police officers specifically were adamant on high-handedness and a situation of pulling and pushing arose. The police officers forcibly pushed Syed Ghulam Shah advocate who was holding the hand of Robin Piran Ditta.
The I.O of the case, they alleged, twisted the hand of lady advocate Asifa Rizvi and pushed her aside. When lady advocate Noor Naz Agha interfered, the SHO pushed her back and when she resisted, he gave her a severe beating by injuring her hands and twisting her back.
In this situation, the crowd was further pushed back, towards the stair-case and when Robin Piran Ditta started running towards the chamber of the judge, along with the crowd, the DSP ordered his staff by using filthy language to beat the lawyers and to capture Robin Piran Ditta who was trying to run away towards the court room on the top floor.
In the middle of the stair-case when lawyer Adam Jafri interfered and tried to stop the police officer from pulling down the lady advocates, he was also pulled by his tie and tore his shirt. In a demonstration of blatant use of force under the command of DSP and the I.O, the police started beating Robin Piran Ditta and whisked him away.
When Adam Jafri advocate and others found themselves helpless, they reported the matter immediately to Justice Sabihuddin Ahmed in his chamber.
A formal application was filed before Justice Ahmed in his chamber in the presence of the general secretary of the Sindh High Court Bar Association.
They prayed for taking a drastic action against the contemners on the ground that the alleged contemners, mentioned in the application with others in plain-clothes and in uniform, had committed the insult and contempt of the court, not only by violating the orders of the court but showing of the force within the premises of the court building.
The alleged that the contemners have misbehaved, insulted and injured the lawyers, who are officers of the court.
The applicants maintianed that if this kind of high-handedness by police and their agents in plain clothes and uniform is not taken up and the contemners are not punished in accordance with law, they were apprehensive that the situation would further deteriorate.
It is their contention that the released detenue Robin Piran Ditta has once again been illegally kidnapped/abducted from the premises of the court within court time illegally and unlawfully and there is every chance that the police may kill him in a false encounter or by any other tactics for hiding their wrong.
They have prayed for immediate action against the nominated contemners and direction to the respondents as well as the contemners to immediately produce the kidnapped/abductee Robin Piran Ditta.































