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Detention case statement of Home Dept....
Wednesday, 17 September 2008


The counsel of Attaur Rehman Bukhari, a Lashkhar-e-Jhangvi (LJ) activist, who is alleged to have been detained for more than five years, challenged the Home Department’s statement wherein his client was shown as arrested since June 2, 2007. The LJ is a banned militant outfit.

The Home Department had informed the court that Bukhari was arrested by the Kashmore police in an explosive substance and illegal weapon case on June 2 last year. Besides, the court was told that the detainee was also involved in eight other criminal cases registered at different police stations of the province.

Bukhari’s sister Kulsoom submitted that her brother was picked up by law enforcement agencies in June 2002 from Nazimabad and after five years when the petitions of missing persons were taken up by Supreme Court the detainee was shown as arrested by the Kashmore police in an explosive substance and illegal weapon case.

The petitioner requested the court to record the statement of her brother to ascertain as to where he was kept in illegal custody for more than five years prior to his arrest from Kashmore.

The Supreme Court of the then Chief Justice Iftikhar Mohammad Chaudhry was also dealing with the matter regarding the disappearance of Bukhari in its famous missing persons suo moto case and the federal government was directed to ascertain Bukhari’s whereabouts.

The petitioner’s counsel, Aamir Mansoob Qureshi, submitted that the statement of the detainee should be recorded to ascertain under whose custody he was illegally detained for more than five years.

Besides, he said, as per his information the detainee was nominated by the police in five terrorism cases registered in Karachi but he was not produced before the court of law in any of the cases. He requested the court to declare all criminal cases against the detainee as illegal because he was illegally detained by the law enforcement agencies and his fundamental right guaranteed under the Constitution had been violated.

The provincial law officer informed the court that the detainee was not a missing person and he was arrested in two criminal cases by the Kashmore police. According to him, cases against the detainee are pending before the court of law and he is incarcerated in the Sukkur prison.

Challenging the statement of the Home Department, the petitioner’s counsel sought time to file a reply on the comments.

The SHC’s division bench comprising Justice Khilji Arif Hussain and Justice Bin Yamin adjourned the matter till October 7, directing the petitioner’s counsel to file reply on the comments of Home Department.

In 2003, the SHC had disposed of the detention petition of Ataur Rehman, asking the petitioner to approach the police station concerned and register case regarding the missing of her brother. The hearing of an identical matter regarding the detention of another LJ activist Faisal Bhatti was also adjourned for October 7.

bail granted: The Judicial Magistrate (JM), South, Khawaja Ashraf Hussain, granted bail on a surety of Rs130,000 each in a case on Tuesday involving civilians impersonating Majors, and adjourned the case to September 19.

Of the six suspects, four were arrested by the Gizri police on a charge of presenting themselves as Majors. Ahmed Hasan, son of Zahoor Ahmed, and Khakan Javed Qazi, were looting people by producing armed forces identity cards.

Earlier, the JM, South, remanded two of them to jail on remand till September 24. Two of the “majors” namely, Hasan Ahmed and Khakan Javed, who pretended themselves as Major in service were arrested by the Gizri police. On interrogation the police came to know that Hasan’s father was commodore, who uses his father name.
 

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