SHC serves notices on Federal and Sindh governments

KARACHI - Sindh High Court Tuesday issued notice to Secretaries Ministries of Defence, Foreign Affairs, Interior, Sindh Home Secretary, Deputy Attorney General & AG Sindh for December 05, 2008 on human rights organisation petition seeking release of Pakistani national Dr. Aafiya Siddiqui. Petitioners, Intekhab Alam Suri and Imran Ahmed of HumanRights Network through Advocate Iqbal Aqeel submitted Dr Aafiya, a resident of Karachi, along with her three children was allegedly kidnapped by law enforcement agencies from her mother's house in Gulshan-e-Iqbal, Karachi in March 2003. They stated CIA and FBI with help of local law-enforcement agencies conducted operation and handed over detainees to foreign agencies in violation of Constitution. British journalist Yvonne Ridley earfly this year disclosed Dr Afiya was detained in Bagram Airbase in Afghanistan. It was submitted that said government failed to fulfil requirements of its undertaking before court in case regarding extradition of Yousuf Ramzi to U.S. in 1997 as government law officer undertook government will make all efforts to protect lives, liberties of citizens in accordance with law. Ahmed Khan, son of Dr Afiya, was released recently by U.S. authorities but whereabouts of two Mohammad Suleman and baby Marium unknown. He contended U.S. courts had no authority for trial without fulfilment of lawful extradition formality and detainees be handed over to Government of Pakistan. He prayed to direct respondents to make arrangements for protection and release of detainees from U.S. SHC division bench comprising Chief Justice Anwar Zaheer Jamali & Justice Ghulam Dastagir A Shahani after initial hearing issued notice to respondents, DAG and AG Sindh till December 05, 2008 to submit comments. Meanwhile, a single bench of SHC comprising of Justice Muneeb-ur-Rehman ordered the police to register the FIR on behalf of the minority person against the killing of his brother in the police custody in October. Taimormal, a Hindu, had submitted the petition before the court by saying that his brother Kishan Chand was killed by the Shahrah-e-Faisal police by giving torture in October. On November 3, 2008, he (Taimormal) handed over his brother, Kishan Chand, to Shahrah-e-Faisal police of his suspected involvement in killing his relative, Amar Kumar. Some of their relatives insisted him to hand over Chand to the police till the dispute resolved, but on November 5, he received the news of death of his brother in police custody. Police have brutally tortured him during custody, while after his death when they took the body for autopsy it was proved that he was killed by torture as severe marks were found on his body. He said that when he approached to the police to register FIR against the said police, they refused to launch the case against their colleagues. After being disappointed by the police for not registering the case, Taimormal had filed a petition in the apex court against the torture of the police. The chief justice Sindh has referred the case to Justice Muneeb-ur-Rehaman court. Earlier, the SSP Abdul Khalid has submitted his report. Two police officials appeared before the court and submitted their comments regarding non-registration of FIR. The court has also directed to register the case in the supervision of SSP.

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