KARACHI, Oct 20: The Sindh High Court on Wednesday took a serious view of frequent delays in government response to petitions agitating illegal arrest and detention.
A division bench, comprising Chief Justice Saiyed Saeed Ashhad and Justice Maqbool Baqar, allowed the federal and provincial government law officers to contact the law-enforcement agencies concerned directly in appropriate cases to expedite proceedings on 'habeas corpus' petitions. The bench was considering petitions moved by Ms Jamila against the arrest of her husband and Ms Khatamun Nisa against the detention of her son.
Ms Jamila said her husband, Abdul Karim Mehmood, was arrested on suspicion of being an Al Qaeda operative. Karim, she submitted, was a Pakistani national settled in Turbat. He visited Kuwait for business and was mistaken for Abu Moasab Arochi, a nephew of Khalid Mohammed Sheikh, a top Al Qaeda leader. The US authorities have announced a reward of $ 1 million for Arochi's arrest.
Karim, according to the petitioner, was picked up by personnel of a law-enforcement agency from his house in Block 14 of the Federal 'B' Area in June, with nine Jundullah activists involved in attacks on the corps commander and LEA personnel.
As the petition came up for hearing on Wednesday, Deputy Attorney-General Nadeem Azhar Siddiqui informed the bench that he had addressed inquiries to the interior ministry but a response is awaited. The bench asked him to contact the LEA concerned and adjourned further hearing to Oct 28.
Khatamun Nisa alleged that her son, Maulana Hidayatullah, was taken into custody from his house in Usmania Colony, Gulbahar, by the law-enforcers for no apparent reason.
She said the detainee had nothing to do with terrorism or politics and led prayers at Jamia Masjid Siddique Akbar.
The DAG and Additional Advocate-General Sarwar Khan informed the bench that they had written to the interior ministry and the provincial home department in pursuance of a court direction to ascertain the whereabouts of the alleged detainee. No reply has, however, been received from the authorities. Further hearing of the petition was adjourned to Oct 28 with a direction to the law-officers to promptly seek and place information before it.
ORDER RESERVED: Another division bench reserved its order on Mohajir Qaumi Movement secretary-general Aamir Khan's plea for transfer of his trial for a double murder from an anti-terrorism court to a sessions court.
The applicant is standing trial for killing Mohammad Naeem and Anam Uzair, activists of Muttahida Qaumi Movement, in the byelection day in NA-255.
His counsel, Khwaja Naveed Ahmed, argued that the accused had been implicated in the case, which was triable by an ordinary sessions court. The murders were a sequel to rivalry between two political groups and had nothing to do with terrorism.
Advocate-General Anwar Mansoor Khan said the murders occurred on the polling day and were intended to spread terror among voters. It would not be in the interest of justice to transfer the case at this stage when the proceedings had concluded and the matter was fixed before the trial anti-terrorism court for final arguments.
He said the case fell within the ambit of the Anti- Terrorist Act and a fresh trial by a sessions court would only delay the proceedings.
The bench, which consisted of Justices Wahid Bux Brohi and Rehmat Hussain Jafri, reserved its order after hearing the two sides.
The same bench also reserved its order on an appeal moved by former bank executive Yunus Habib. The appellant had challenged his conviction and sentence in a bank fraud case. He was sentenced by a banking court to undergo rigorous imprisonment for 10 years and pay a fine of Rs 30 million.
EDO'S PLEA: A division bench, comprising Justices Sarmad Jalal Osmany and Amir Hani Muslim, adjourned education official Gul Mohammad Hajano's petition for further hearing on Oct 27.
Appearing in person, Mr Hajano submitted that the provincial government was not competent to transfer him from the city district government in which he was serving as executive district officer for education. He said he had been replaced by an officer of the district management group, who had little experience in the field of education.
The bench earlier dismissed a contempt application moved by the petitioner against the city nazim and the district coordination officer.