Missing Person Case: SHC issues bail able warrants of IO
KARACHI (PPI): A division bench of the Sindh High Court Tuesday issued bail able warrants against the Investigation Officer of the PS Gulshan-e-Iqbal in sum of Rs.50,OOO for not complying with the court orders.
The bench comprised Justice Azizullah M Memon and Justice Arshad Noor Khan while hearing the case pertaining to one missing person, Ali Mohammad, further directed the IO to provide the police file of the case.
It is to be noted that the last hearing was adjourned due to the want of time sought by the Additional Advocate General Abbas Ali for filing the copies of all relevant police papers including the statements of witnesses recorded by the officer.
On Tuesday, when the hearing resumed, the Additional AG, submitted that the copy of the order issued on the last hearing was dispatched by him to the Investigation Officer of PS Gulshan-e-Iqbal by the courier service with specific directions to make compliance with the orders and to provide the copies of relevant police papers, whereby the FIR shows that the investigations in the case were closed.
However, no compliance was made with the orders, on which the bench expressed annoyance and issued bailable warrants against the IO.
Petitioner, Humaira Ali, wife of the missing person has approached the SHC for the recovery of his spouse Ali Mohammad, submitting that some armed police and law enforcement agencies personnel in plainclothes, entered their house at Gulshan-e-Iqbal Block 6 in the midnight of May 05, 2004 and whisked away his husband, besides taking valuables, including laptop, camera and other households.
She filed an application for knowing the whereabouts of his missing husband before DIG/Investigation and the TPO Gulshan-e-Iqbal on May 11, 2004 and further appealed the Chief Justice SHC on May 13, 2004 in the same regard but the whereabouts of the missing remained unknown. An FIR No. 522/04 of the case was registered at PS Gulshan-e-Iqbal.
She also complained that the DSP Mazhar Mashwani of CID/ATW antiterrorism wing Lee market had harassed her when she approached the said official.
She has moved to SHC submitting that the missing person is the father of six minors and his abduction was in violation of the Constitution of Pakistan 1973 and also against the Declaration of Human Rights 1948.
She has prayed the court to recover the detainee and if he was named in any case, should be brought out at any judicial forum and further to take action against the officials concerned for his illegal detention.
The matter was adjourned till March 31, 2008. Meanwhile, the same bench directed the PS Gulshan-e-Iqbal to lodge an FIR of another missing, Assadullah Khalidi.
Petitioner Amanullah Khalidi, the father of the missing person, approached the SHC to trace out his son. He through his counsel submitted that on the midnight of Dec 12, 2007 some nine persons entered his house after climbing the main gate and whisked away his son, Asadullah Khalidi, saying that they belonged to an agency and would leave his son after an hour.
Petitioner submitted that the detainee was first kept at the PS Gulshan-e-Iqbal, but now his whereabouts were unknown. He made complaint at the PS Gulshan-e-Iqbal in this regard, but in vain.
He also submitted that the missing was kept in detention without registration of any case or FIR, which is the violation of Article 4, 10 and 25 of the Constitution. He prayed the court to direct the concerned officials to produce the custody of the missing before the court. The bench after hearing the petitioner’s counsel directed theSHO PS Gulshan-e-Iqbal for lodging FIR of the case and disposed off the matter.
Source: The Nation
Date:2/28/2008
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