SC orders for meeting of detainee with family

FIR filed against low rank army official in missing persons’ case

ISLAMABAD - The Supreme Court Friday ordered for arranging an enforced disappeared person’s meeting with his wife and father-in-law in Kohat internment centre on March 26.
A three-member bench headed by Justice Nasirul Mulk and including Justice Ijaz Ahmed Chaudhry and Justice Sheikh Azmat Saeed was hearing enforced disappearance case of Tasif Ali. The court also ordered for complete medical check-up of Tasif and sought report on March 27.
Additional Attorney General Attique Shah, representing the federation, informed that meeting was arranged between Tasif and his wife and father-in-law in an internment centre in Lakki Marwat. Tasif’s father-in-law, Dr Aslam, confirmed about the meeting but said it was held in such a nerve wracking environment that Tasif’s wife, Abida Malik, fainted there.
“Four persons holding guns remained present throughout the meeting and were continuously shouting when we were talking.” Though Tasif was sitting on a chair, his entire body except the eyes was motionless. Dr Aslam requested the court to order for shifting his son-in-law to hospital and conducting his complete medical check-up. The AAG objected to it and said due to security reasons Tasif could not be shifted in the hospital.
Justice Ijaz Chaudhry said that for last two years the security and intelligence agencies had been denying the custody of Tasif but now it has come out that he is detained at an internment centre in Lakki Marwat. “What kind of country is this where citizens don’t have even their fundamental rights... What message would go to the world – that our agencies tell lies?” he remarked.
The AAG contended that now Tasif has been detained in internment centre according to law. Justice Ijaz remarked Tasif had been missing since November 23, 2012 and “now you are talking about law”. “If he (Tasif) was involved in any crime then why a case was not registered against him and why he was not given opportunity of defence, which was his constitutional right?”
Attique Shah argued that under the Fata and Pata rules Tasif was in internment centre and there was no time frame for keeping him there. Justice Nasir questioned whether a person could be detained for life without registration of case. He said earlier the custody was denied, but on the court pressure it has been said that Tasif was arrested on March 5.
Col (r) Inamur Rahim, counsel of Taisf’s wife, said during the proceeding on March 10 the authorities had denied Tasif’s custody then how they could say he was arrested on March 5, adding it was on March 15 that they accepted for the first time that Tasif was in the internment centre.
At the end of the proceeding, the bench ordered that Tasif be shifted from Lakki Marwat to Kohat internment centre and his meeting with the family be arranged on March 26. The AAG contended that Tasif could not be shifted in short time. Justice Nasir said, “We are not seeking your opinion but it’s the order,” adding that Lakki Marwat is not far away from Kohat.
Meanwhile, Khyber Pakhtunkhwa Advocate General informed a three-member bench, headed Justice Jawwad S Khawaja, that on the application of Defence Minister Khawaja Asif case (FIR No. 11/2014) has been registered against Naib-Subedar Amanullah in Police Station Malakand under Section 346 of Pakistan Penal Code on 20th March 2014.
Justice Jawwad ordered that in the light of the FIR investigation be conducted in transparent manner and challan be submitted in the court. The court also ordered for the recovery of remaining missing persons out of 35, and directed to submit its report within one month.

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