FIA barred from arresting employee in Malik SIM case
KARACHI: The Sindh High Court on Tuesday restrained the Federal Investigation Agency from arresting a customer care executive of a cellular company who had activated a SIM (subscriber identification module) in the name of Interior Minister Rehman Malik.
Petitioner Sumair Ali Abbasi approached the SHC seeking protection from alleged harassment by FIA officials, who had issued him a notice to record his statement as a witness in an FIR registered in this connection.
He stated that on Jan 17, he received a call from a person who introduced himself as Abdur Rehman Malik.
The petitioner stated that he activated the SIM card after verifying certain personal information from the caller and checking the veracity of the provided data on the basis of the accessed record of the National Database Registration Authority’s online verification system.
He said that he had complied with all the pre-requisites described in the standard operating procedures of the Pakistan Telecommunication Authority.
The cellular company official also placed on record a compact disc containing the recording of the conversation between him and the caller.
He submitted that on Jan 27 he received a notice that disclosed that he was required to record his statement in the investigation of a case registered in this connection.
He said later on Jan 30, some plain-clothes personnel raided his house and harassed his family.
A division bench headed by Justice Maqbool Baqar issued notices to the federal interior and information secretaries, a director of FIA, FIA’s Additional Director Arif Hanif, the SHO
of the Cyber Crime Circle Habibur Rehman and the deputy attorney general for Feb 7.
The court restrained the FIA from arresting the petitioner till further orders. However, the court directed the petitioner to join the investigation.
Mr Malik’s data available with Nadra had been used to get a SIM card activated and registered in his name and a news report regarding the entire episode was aired by DawnNews a
few days back. Following the media report, the FIA started investigating as to how the data was made available. Subsequently, some Nadra and Citizens-Police Liaison Committee staffers were interrogated and one of them, Khalid Noor, was finally booked in the case.
Notice issued to defence secretary
The Sindh High Court on Tuesday issued notices to the defence secretary and army officials in a petition seeking whereabouts of an army man allegedly in the custody of the military authorities since May 2010.
Petitioner Mushtaq Ahmed, resident of Umerkot, impleaded the defence secretary, commanding officer of the headquarters V Corps and commanding officer of the Baloch Regiment as respondents.
A division bench headed by Justice Maqbool Baqar issued notices to the respondents and the federal law officer and adjourned the hearing to Feb 9.
The petitioner submitted in his petition that his cousin, Maula Bux, was posted as Naik in the Baloch Regiment and he was arrested on May 25, 2010 by the army intelligence authorities.He prayed to the court to direct the army authorities to produce the missing man in court.
Police restrained in freewill couple case
The same bench restrained the police from arresting the husband of a woman who married him of her freewill.
Chand Bibi approached the court through a constitutional petition submitting that her father had lodged a false FIR of her kidnapping against her husband, Syed Asad Maqbool Zaidi.
She cited the home secretary, the SSP Malir and the SHO of the Quaidabad police station as respondents.
The court issued notices to the respondents, advocate general and prosecutor general and put off the hearing to Feb 12.
The bench also ordered the police not to arrest any of the suspect named in the FIR.
Bail plea in rape case dismissed
A bench headed by Chief Justice Mushir Alam dismissed the bail application of an accused being tried for raping a seven-year-old girl.
The applicant was booked by the Ibrahim Haidri police for raping his neighbour’s daughter on June 10, 2011 on a complaint of the victim’s mother.
He was earlier granted pre-arrest bail by the additional district and sessions judge, Malir, on June 23, 2011. Later on July 28, the accused was arrested by the police when the sessions court did not confirm his pre-arrest bail.
Finally, the teenage accused, represented by Advocate Haji Abdul Majeed, moved his bail application in the SHC.
The counsel submitted that the applicant was innocent and implicated in the case by the alleged victim’s mother and the police.
Additional Prosecutor General Ali Haider vehemently opposed the bail application and referred to a report of the medical board available in the police record.
The law officer also stated that the witnesses for the prosecution had testified against the accused in the instant case.
Notice issued in son quota case
A division bench issued notices to the home secretary, provincial police chief and other respondents in the petition of a man seeking appointment in the police department on “son quota”.
Petitioner Muhammed Yaqoob Fahad stated in his petition that his father was a deputy superintendent of police and he died during his service on Sept 6, 2006.He said he applied to the inspector general of police for considering his appointment as Assistant Sub-inspector (ASI) on “son quota” under the provincial government’s policy.
However, the petitioner said, the police high-ups kept on making false promises and did not give him a job in the department.
He prayed to the court to direct the respondents to consider his appointment as ASI.
The bench issued notices to the respondents and the advocate general and adjourned the hearing to Feb 17.