KARACHI, Aug 10: The Sindh High Court asked the federal and provincial law officers on Tuesday to ascertain the whereabouts of an alleged detainee within a week and inform it on Aug 17.
Petitioner Jamila Bano submitted in her petition that her husband, Abdul Karim Mehboob, who was a permanent Pakistani resident of Turbat, had been arrested on suspicion of being a wanted Al Qaeda leader, Abu Moasab Arochi.
She said the mistaken identity probably resulted from Karim's temporary residence in Kuwait. Despite his prolonged stay in the Gulf state, he visited Pakistan regularly to see his family. He had four sons and a daughter from her.
Deputy Attorney-General Syed Zaki Mohammad and Additional Advocate-General Sarwar Khan informed the division bench seized of the petition that they received notices only on the evening of Aug 7 and were unable to find out whether the detainee had been taken into custody by the law enforcement agencies.
The bench, which consisted of Chief Justice Saiyed Saeed Ashhad and Justice Zawwar Hussain Jaffery, gave the law officers a week and adjourned further hearing till Aug 17.
The petitioner's counsel, Khwaja Naveed Ahmed, claimed that the federal interior ministry knew of the detainee's whereabouts. He requested the court to order his production or direct the authorities to inform the court of the case/s registered against him.
The arrest of Abu Moasab Arochi, who carries a head money of $1 million, was reportedly made in raids conducted in the Federal B Area with nine Jundullah activists required in cases pertaining to the murder of LEA personnel and attack on the Karachi corps commander.
PETITION DISMISSED: A writ petition questioning the participation of the Pakistan Telecommunication Company Limited in the award of wireless local loop telecommunication service licences was on Tuesday dismissed in limine by a division bench comprising Chief Justice Saiyed Saeed Ashhad and Justice Zawwar Hussain Jaffery.
Petitioner Rana Azhar Ali submitted through Advocate Nafees A. Siddiqui that he was not personally an aggrieved party but had agitated the matter in public interest. The award of contract to the PTCL was violative of the government's deregulation policy.
It would encourage public-sector monopoly to the detriment of consumers. The bench observed that only aggrieved parties could invoke the high court's writ jurisdiction under Article 199 of the Constitution.
'FRIVOLOUS' PLEA: The bench also dismissed as frivolous a petition challenging the parliament's power to adopt the 17th amendment to the Constitution, particularly its provisions relating to the judiciary.
Appearing for the petitioner, Advocate Sohail Hameed contended that the 'politically-motivated' 7th amendment was not an amendment in contemplation of the law as it failed to 'improve' the basic law.
The age of super annuation of all superior court judges and the minimum age for elevation to the high courts, he argued, were arbitrarily reduced and enhanced in disregard for the independence of the judiciary. The petition was dismissed in limine as 'frivolous'.