KARACHI, Oct 8: The production of Robin Piran Dutta before the court is not possible for security and other reasons, Advocate-General Sindh told a division bench of High Court of Sindh, comprising Chief Justice Sayed Saeed Ashhad and Justice Ghulam Rabbani, on Tuesday.

The bench was hearing a constitutional petition filed by wife of alleged detenue who is in custody of police since the day of the incident (Sept 25).

The detenue is only survivor of the incident in which seven Christians were gunned down by unidentified gunmen.

The petitioner maintains that her husband was kept in illegal confinement by the police and even family members were not being allowed to meet him.

When the matter came up for hearing, Gohar Iqbal and Noor Naz Agha appearing for the petitioner raised the issue that detenue was not produced before the court despite orders.

The bench, after hearing the arguments by the AG Sindh, passed the following order:

“The Advocate General regrets the inability of the respondents to produce the detenue in court and has urged that, in the peculiar circumstances of this case, such production could have been a threat to the security of the detenue himself. The non-production of the detenue is, prima facie, premised on bona fide consideration. We are, for the time being, not inclined to take further action.

The Advocate General, however, undertakes that the petitioner and her advocates will be allowed access to the detenue and an officer of the court may also be appointed to visit the detenue and apprise the court as to his state of health and whether he has been subjected to torture.

We would, accordingly, appoint Nazir of the Court to visit the CIA Canter, Saddar, Karachi, visit the detenue and submit his report. At the same time, it is ordered that the petitioner or any of her advocates may visit the detenue and he will be allowed 30 minutes to communicate with them not within the hearing distance of a police officer.

Adjourned to 22-10-2002. The question of validity of detention will be decided on a subsequent date”.

EXTRADITION CASE: The hearing of a constitutional petition filed by Nadir Hasan against extradition of his son Haris Hasan will be heard in-camera on Oct 9.

This was held by a division bench of High Court of Sindh, comprising Chief Justice Sayed Saeed Ashhad and Justice Ghulam Rabbani, on Wednesday on a request made by Syed Zaki Muhammed, Deputy Attorney General.

When the petition came up for hearing, the DAG submitted that he had to place certain sensitive documents on record and considering the importance of the matter, the proceedings be held in-camera.

M. Ilyas Khan, counsel for the petitioner, objected to in-camera proceedings and said no sensitive issues are involved.

Later, he agreed to such proceedings after which the bench put off further hearing till Wednesday.

Haris Hasan allegedly raped two American girls and later fled to Pakistan.

The same bench also put off hearing of a constitutional petition filed by Lt-Col Abdul Waheed Khawaja challenging detention of his son Zubair, till Oct 23.

Earlier, Deputy Attorney General, appearing on behalf of the state, expressed ignorance about the whereabouts of the alleged detenue.

Khawaja Naveed Ahmed, advocate, counsel for petitioner, at this stage submitted that if any citizen goes missing, it was the duty of the government to find him.

The bench expressed annoyance over the simple statement on behalf of the state and observed that petitioner came before court under Article 199 of the Constitution of Pakistan and such a casual statement was being made.

The bench also asked Additional Advocate General Sindh, Sarwar Khan, present in the court to look into the matter and find the whereabouts of the alleged detenue.

The alleged detenue is younger brother of an absconder Naveed alleged to be a member of banned out-fit Harakatul Mujahideen. Naveed was wanted by the police in connection with at-least two incidents of terrorism in Karachi including US Consulate bombing case.

NOTICE ISSUED: A division bench of High Court of Sindh, comprising Chief Justice Sayed Saeed Ashhad and Justice Ghulam Rabbani, on Wednesday issued notice to the Sindh home secretary and other respondents for Oct 16 while hearing a case pertaining to handing over of bodies of two deceased.

The bench was hearing a constitutional petition filed by Rafique Afghan, editor of daily Ummat, Karachi, who moved the court for handing over the bodies of two suspects killed in an encounter with law-enforcers in DHA on Sept 11 to him for burial as per Muslim traditions.

Khawaja Naveed advocate appearing for the petitioner submitted that almost a month had elapsed, but the bodies of the two martyrs are lying at the Edhi mortuary at Sohrab Goth.

The bench after initial arguments by the counsel issued notice to the state for Oct 16.

PMKP CASE: A division bench of Sindh High Court, comprising Chief Justice Saeed Ashaad and Justice Ghulam Rabbani, on Tuesday disposed of as withdrawn the petition of Fatehyab Ali Khan, President, Pakistan Mazdoor Kissan Party, against the government, the information ministry and the PTV.

In his application and affidavit in Sindh High Court, the PMKP president stated he filed petition requesting to at least allow him to present his party’s manifesto to the people in PTV programme “Election Hour”.

He submitted that he did not get equal treatment by some functionaries in the government, particularly the information ministry, whom he had approached on Sept 26, but to no avail. On Sept 28, he sent a letter to the Chief Election Commissioner and requested him to take suo-moto notice.—APP/PPI