RAWALPINDI/ISLAMABAD - In a major development in a missing person case, Lahore High Court (LHC) Rawalpindi Bench Wednesday issued notice to a serving general of Pakistan Army and sought his reply within two weeks.
Justice Abdus Sami Khan issued this summon to a general in response to the petition of one Kalsoom, wife of missing Naib Subedar Ilyas, filed through her counsel Advocate Inam-ur-Raheem stating that Pakistan Army is violating court's orders and not allowing her to meet her husband.
In the petition, the counsel apprised the court that neither trial of the detainee was started nor his family was being permitted to see him. He told the court that as per Supreme Court's order, an FIR could be registered against serving military officers in cases pertaining to civilian matters and recently a case has been registered against Major Haider, an officer of Military Intelligence (MI) in missing person case, and the Army generals in National Logistic Cell (NLC) scam.
It is pertinent to mention here that the serving Naib Subedar went missing on April 2011 and the then DPO Jehlum Tayyeb Hafeez Cheema, after summoned by LHC Justice Mazhar Iqbal Sidhu to recover him, told the court that he was in Army's custody.
Then the court asked Cheema on March 18, 2011 to go and take the custody of the detainee but DPO informed the court that Naib Subedar had been arrested for pocketing Rs 400 million.
The case was then taken by Justice Ibad-ur-Rehman Lodhi who ordered the Army to produce Ilyas before the court but it was not done citing security reasons. The court later ordered Army to provide the court with substantial evidence of Ilyas' corruption but Army failed and stated before the court that the detainee has been nabbed for receiving kickbacks from companies. The Army again failed in revealing the names of the companies before court despite orders.
Justice Rahman then issued an order asking the Commandant CMH Major General Salahuddin to allow Ilyas' family to meet him but when they (family) went to see him, they found Ilyas was missing from the cell.
Inam said that she went to Police Station (PS) RA Bazaar to register an FIR against the Major General but the SHO refused saying he could not register against a serving general.
Advocate Inam-ur-Raheem, while talking to media men, said that Ilyas has reached his superannuation during the detention on March 4, 2012, adding, "But after lapse of six months, his retirement was cancelled as under Army Act they cannot keep anyone in custody for more than for six months. The army then informed the court that they would try him in a military court."
NON-SUBMISSION OF ISI CHIEF'S REPLY ANNOYS IHC:  The Islamabad High Court (IHC) Wednesday expressed its annoyance over non-submission of reply by director general (DG) Inter-Services Intelligence (ISI) in a petition moved by an inspector of the agency seeking contempt of court proceedings against the spy agency chief for not complying with the court's orders.
Chief Justice IHC Muhammad Anwar Khan Kasi directed DG ISI Lt Gen Zaheer-ul-Islam to submit his reply in the court till Thursday (today) and adjourned the hearing.
Earlier, the court had issued notices to DG ISI in response to a contempt of court petition moved by Inspector Abdul Rahim and sought his reply. The counsel for the petitioner Advocate Rehanud Din Khan had maintained that IHC had restrained ISI to take action against his client on June 10, 2013 after he had filed a petition seeking promotion according to merit. He contended that instead of compliance to the court orders the respondent threatened his client of dire consequences.
It is worth mentioning here that in June this year, over 34 civilian officials of the spy agency approached the IHC complaining that the process of their promotion was discriminatory. Some claimed they had been waiting for their promotions for the last 23 years.
The petitioner's counsel argued that respondents had asked him that he had violated the provision of Officials Secret Act 1923 by approaching the court. He alleged that two ISI officials Lt Col Imran Daud Khan and Maj Faheem Raza called his client many times pressing him to withdraw the case.
Therefore, he requested the court to start contempt proceedings against the officials.