KARACHI, June 20: The Federal Interior Ministry on Wednesday submitted details in the Sindh High Court regarding grounds of detention, date of arrest and other relevant secret material about two persons detained under the Security of Pakistan Act.
A division bench comprising Justice Anwer Zahir Jamali and Justice Qaiser Iqbal was hearing the petition in chamber filed against the detention of former navy officer Mumtaz Hussain and Dr Ali Raza Zaidi, who were allegedly arrested by law-enforcement agencies soon after their arrival from abroad at Karachi airport in June 2006.
Federal Interior Secretary Syed Kamal Shah appeared in the court on a show-cause notice and submitted an affidavit. The SHC on June 5 issued him a show-cause notice as to why contempt of court proceedings should not be initiated against him for disobeying a court order regarding submission of details and grounds of detention of the two detainees. He submitted that the had ministry always obeyed and complied with court orders.
On non-compliance of the SHC order to submit details regarding the detention of these persons, he said the order was not communicated to him. The SHC division bench admitting the affidavit exempted him from court appearance.
Representing the federal government, Standing Counsel Mehmood Alam Rizvi submitted that Mumtaz Hussain's case was presented in the Federal Review Board on June 16 which issued his release order but it was not yet communicated to the interior ministry. The detainee would be released as soon as the ministry received his release order.
The applicant's counsel, Rasheed A. Rizvi, objecting to the arguments of the state counsel, stated that the detainee should be released immediately as the order was passed in the presence of the interior ministry's representatives.
The court observed that the detainee could not be released until the relevant authority properly received the release order. It adjourned the matter for June 22, directing the interior ministry to get the release order.
On detention of Dr Ali Raza, the interior ministry submitted top-secret material against him.
Mehmood Alam Rizvi stated that the detention period of Dr Raza would end on July 8, after which his case would be presented in the Federal Review Board.
The state counsel requested that the matter be adjourned till the FRB decision and a date be fixed after July 9.
The applicant's counsel objected to it and requested for fixing the matter before the FRB for further arguments.
He stated that Dr Raza was arrested by law-enforcement agencies soon after his arrival at Karachi airport from Dubai on June 19, 2006, who kept him in illegal confinement for seven months before disclosing his whereabouts.
The federal and provincial governments had earlier denied his arrest or detention by any LEA working under its control, while FIA authorities informed the court that the detainee had not entered from any border of the country after April 23, 2006.
Later, the interior ministry stated that the detainee was held in Sindh under the Security of Pakistan Act with effect from October 9, 2006, and his case was being heard by the FRB.
Dr Ali Raza, who was produced in the court on Wednesday, stated he was confined in a close ward, allowed only once daily to go out and not provided necessary facilities. He prayed that the court direct jail authorities for providing the facilities.
The SHC division bench, after hearing arguments of both counsel, allowed the request and fixed July 4 for the next hearing.
It also directed the interior secretary to ensure the provision of all facilities to the detainee as per jail rules. ---PPI