KARACHI, July 11: Human rights activist Krishan Sharma’s detention case was adjourned to July 16 for further submissions by Deputy Attorney General, Nadeem Azhar Siddiqui.
The DAG, earlier, submitted before a division bench of Sindh High Court that Sharma had been detained under the law —the Pakistan Army Act read with the Official Secrets Act— and the court’s constitutional jurisdiction could not be invoked for his release.
No order in the nature of a writ could be issued under Article-199 of the Constitution on a petition made by or in relation to a person, who is for the time being subject to any law relating to the armed forces. The petitioner’s apprehension that the detainee might be killed in custody was, he said, entirely baseless.
The petitioner, Sharma’s mother, stated in her petition that the human rights activist was picked up by the rangers personnel from Naukot on March 21 while he was travelling by a coach from Mithi to Karachi. He had been held incommunicado since.
Appearing for the petitioner, Advocates Syed Ghulam Shah and Noor Naz Agha submitted that nothing was known about Sharma until the Judge Advocate General (JAG) branch of Pakistan Army submitted a sketchy letter saying that he had been arrested under Section-2 (1) (d) of the Official Secrets Act and that he was to be court-martialled.
There was, they pointed out, no provision numbered 2 (1) (d) in the Official Secrets Act.
The Constitution, the lawyers argued, provided full protection against arbitrary arrest and detention. The detainee should have been informed of the grounds of his arrest as soon as possible but in the present case even the court had not been informed of the charges against him over three and a half months later.
The defence counsel asserted that Sharma had been arrested for his human rights activities. He had no official secrets to reveal and had been associated with non-governmental organizations like the Human Rights Commission of Pakistan and Baanh Beli.
The bench, which consisted of Justice S. Ahmed Sarwana and Justice Zia Perwez, asked the DAG to clarify the position in respect of the legal provision. The DAG submitted that a provision of the Army Act might have erroneously been mentioned as a section of the Official Secrets Act in the JAG letter. Similarly, the detainee’s first name had also been misspelt as ‘Kishan’ instead of ‘Krishan’ by mistake.
The bench asked the law officer to at least satisfy the court that the detainee had been lawfully confined. There should be some material for evidence of arresting and the charge that necessitated it.
On a request made by the petitioner’s counsel for a meeting with the counsel, the bench asked them to approach the investigation agency. About Sharma’s production, the bench told the counsel to cite the case law pertaining to detention under the Army Act on the next date of hearing.
Meanwhile, a division bench of Sindh High Court, comprising Justice Sarmad Jalal Osmany and Justice Azizullah M Memon, on Friday granted bail to two directors of manufacturing company, who were arrested in tax evasion case and directed them to furnish surety of five million rupees each, adds PPI.
Abdul Rasheed and Abdul Majeed, directors of Universal Gum Private Limited, were arrested on April 18 on the allegation that they committed tax fraud of Rs 5.75 crores and did not pay the Sales Tax.
Their counsel Abdul Hafeez Pirzada argued that no fraud was committed by his clients as far as sales was concerned and sales tax amount adjudicate the matter.
Standing counsel, Mehmood Alam Rizvi, opposed grant of bail and said it was a white-collar crime. He submitted that according to record as per law, six bank accounts were being operated by company, but it showed only one. He stated million of rupees in sales tax was evaded by them.
The court after hearing arguments of both side counsels allowed bail pleas and granted applicants bail in sum of five million rupees each.