RAWALPINDI - The Lahore High Court (LHC) Rawalpindi Bench Friday sought reply from Combined Military Hospital (CMH) Commanding Officer and 10 Corps Chaklala Commander within two weeks in response to writ petitions filed by the wife of a missing Naib Soubedar Muhammad Ilyas.
The Naib Subedar has been facing Field General Court Martial (FGCM) for corruption charges.
Justice Malik Shehzad Gheba served notices to CMH Rawalpindi CO Maj Gen Salah-ud-Din and 10 Corps Chaklala Commander Lt Gen Qamar Javed Bajwa in the case of missing Muhammad Ilyas in a contempt of court application filed by his wife Kalsoom Akhtar via her Advocate Col (Retd) Inam-ur-Rahim.
The petitioner stated in the application that the military authorities did not obey LHC orders by refusing her to meet her husband has been detained at CMH Rawalpindi.
Accepting the plea, Justice Malik Shehzad Gheba issued notices to the CMH CO and 10 Corps Commandant and sought their reply within 14 days.
She apprised the court that an LHC bench on July 25, 2013 had passed the following order. “Since the detainee is confined in a premises in Rawalpindi, therefore, it is directed that on every Friday at 3:00 pm for duration of three hours, respondents shall arrange a meeting in conducive atmosphere to Anwar Afridi Advocate, counsel for the petitioner, Kalsoom Akhtar, wife of Naib Subedar Muhammad Ilyas, Hafiz Arshad Mehmood, his real brother and his children, namely, Sehrish Ilyas, Iqra Ilyas, Sumbal Ilyas and Isma Ilyas.”
She added that the respondents were fully aware about the above said orders and in the light of above said order the petitioner along with her family members met the detainee at JCO Mess of CMH Rawalpindi on August 08, 2013 and August 16, 2013 respectively.
“On September 20, 2013 the petitioner along with her family members visited the place of meeting but the staff of the CMH flatly refused for the subject meeting with the detainee Muhammad Ilyas and started harassment and pressurised the applicant to leave the place of visit without lawful justification,” the petitioner added.
She told the court that she then filed a contempt of court application against the CMH CO wherein it was revealed from the comments submitted by CMH that the detainee was illegally shifted out of the jurisdiction of LHC Rawalpindi Bench by the illegal orders issued from the office of Commander 10 Corps.
As per the record, the detainee was facing trial before military tribunal at Rawalpindi and in the presence of military tribunal at Rawalpindi, Commander 10 corps with the connivance of CMH CO illegally created another tribunal at Muzaffarabad to dispose of the matter of detainee through a secret trial without a counsel in clear violation of Article 10- A of the Constitution, the applicant alleged.
She told the court that the detainee was illegally shifted to Muzaffarabad and already declared health-wise category “C” due to Cardiac ailments.
That as per the information received there was swelling on the feet of the detainee due to prolong detention and he was suffering from various ailments and as per the Army Act and rules in such critical condition the detainee could not be produced before any tribunal for trial purposes.
Kalsoom pointed out that in sharp contrast to this situation, a military dictator facing charges of high treason is hiding himself in AFIC without recommendation of retention in the hospital by any medical authority while a commoner detainee required to be admitted in AFIC as observed by medical specialist has been illegally denied admission by false representation by the staff of commandant 10 corps that Muhammad Ilyas was under interrogation whereas even interrogation cannot be conducted during illness petitioner contended.
She requested the court to initiate contempt of court proceedings against the respondents.
On December 06, 2013, LHC Rawalpindi Bench Justice Mazhar Iqbal Sidhu had refrained military court from announcing final verdict in the matter of Muhammad Ilyas after his counsel Col (Retd) Inam-ur-Rahim Advocate told the court that the military authorities already retrieved from the corruption allegations against his client.
As per details submitted by the petitioner’s counsel before the court, Muhammad Ilyas had gone missing from Quetta in April 2011. Her wife tried hard that he may be located but could not come to know about the whereabouts of her husband.
It was when the district police officer (DPO) Jehlum at the orders of an LHC Bench had told the court that Ilyas has been kept at a cell inside CMH Rawalpindi. Upon issuance of notices three times to the military authorities, they then told the court that there are serious charges against Ilyas and he is tried by the FGCM for an embezzlement of Rs 45 million.
Col (Retd) Inam while talking to media said when the LHC asked the military authorities to produce charge sheet against Muhammad Ilyas, they took back the allegations of Rs 45 million embezzlement.
Meanwhile 10 Corps issued a letter according to which Muhammad Ilyas would be tried by FGCM at Rawalpindi.
Col Inam told the court that initially his client was tried without any charge sheet. And when it was prepared, the counsel managed to get a copy of the charge sheet according to which Ilyas was accused of installing an air conditioner in his local mosque near his residence at Jehlum and also a heater at a CMH store with the help of a civilian.