ISLAMABAD - The Supreme Court Thursday directed FATA authorities to arrange meeting of an enforced disappeared person, languishing in an internment center in Kohat, with his wife and father-in-law in privacy.
A two-member bench comprised Justice Nasirul Mulk and Justice Amir Hani Muslim was hearing enforced disappearance case of Tasif Ali.
The Punjab police on the complaint of Abida Malik, wife of Tasif Ali, on November 23, 2011 had registered an FIR 386/13 against Major Haider at Sadiqabad Police Station, Rawalpindi. Abida Malik claimed Major Haider, whose real name is Major Ahsan Ali of Military Intelligence (MI), took away her husband in 2012 over some dispute, and since then she had no information about him. Abida’s father Dr Aslam had told the police that he had met personally with Major Haider, who got annoyed over a business dispute with his son-in-law.
Col (retd) Inam-ur-Rehman, counsel for Abida Malik, submitted an affidavit before the bench. According to that on the court order Dr. Muhammad Aslam, father-in-law of Tasif Ali, and Abida Malik, met with Tasif on 29th March in the internment center, Kohat. However, a military officer, who was on duty warned them not to talk to Tasif during the meeting but only answer to his questions. The affidavit further states: “Dr. Aslam showed them Supreme Court order, which said the meeting should be held in privacy, but the officer said that in the internment center the apex court orders are not implementable and they only obey the orders of their superior.”
The affidavit also states: “Only 10 minutes were given to Dr. Aslam and Abida Malik each. They held the meeting separately with the detainee but during the meeting six guards in army uniform remained present, while the seventh one was making video of their meeting.” “They (Dr. Aslam and Abida Malik) were not allowed to chat with Tasif.”
Additional Attorney General, Attique Shah, representing the federation, told that the Home Department KPK had informed him that the meeting was held in the internment center Kohat. However, Justice Nasirul Mulk said, according to the affidavit, the security guards were present in the meeting and intimidated Tasif wife and father-in-law. He questioned whether Dr. Aslam could attack his son-in-law?
The AAG denied the allegation of intimidation. Upon that the honouable judge said the army officer presence in the uniform means the intimidation. He said according to the affidavit, the meeting was restricted. When the additional attorney general tried to clarify, Justice Nasir then asked him if the court order would not be complied in letter and spirit then they could direct the authority to produce Tasif Ali before the apex court. Col (retd) Inam informed that three meetings were held but not in accordance with the court orders.
The AAG told that on the court direction medical checkup of Tasif was made. He said apparently Tasif was not suffering from any serious illness. He only has diabetic, he said. The court directed the doctor in-charge to regularly visit and examine the detenue and adjourned the hearing till 14th April.