SHC seeks report on illegal detention case

KARACHI: The Sindh High Court (SHC) directed on Friday a South additional district and sessions judge to present a report on alleged detention of a man for four years in the absence of any case registered against him.

The order came in light of a report submitted by jail superintendent and an investigation officer (IO). A two-member bench heard the matter.

A man, Qamar Zaib, had filed an application with the SHC in which he claimed that he was arrested on December 12, 2013 in the Baghdadi area of Lyari and was booked in fake cases by the Counter-Terrorism Department. He maintained that he was later acquitted by an anti-terrorism court but was not released.
The applicant claimed that he had been in illegal detention since 2015 and was not produced before any court of law since then.

A report was also submitted by police, in which it was claimed that the detained man had been booked and was being tried in the court of a South additional district and sessions judge.

The SHC directed the judge to present a report by September 17. Justice Abdul Rasool Memon remarked that the high court would monitor the case from now onwards. The bench also ordered the police to present witnesses and evidence before the trial court.

JMDC exams

In the meantime, the SHC adjourned the hearing on an application pertaining to examinations of Jinnah Medical and Dental College (JDMC) till September 12. The hearing was adjourned to wait for decisions made in the meeting of the Pakistan Medical and Dental Council.

A two-member bench, headed by Justice Muhammad Ali Mazhar, heard the matter. The court asked a lawyer representing students what expectations could be made with students who kept failing repeatedly.

A college official, Attaur Rehman, informed the court that 16 students of the sixth semester were given two opportunities to clear examinations but only two of them could pass.

The students’ lawyer argued that varsity rules regarding semester system were ambiguous. After hearing arguments, the SHC decided to continue the hearing on September 12 in light of relevant PMDC decisions.

Private school matters

The SHC also granted time to the advocate-general (AG) and additional attorney-general to submit their replies on a petition regarding the formation of quality boards in private schools and deduction of tax from school fee.

It was argued in the petition that a quality board had to be formed for private schools which had not yet been made. The Parents Action Committee had also not been formed while tax was still being deducted from school fees, the petition maintained.

The AG and additional attorney-general requested the court to grant time for replies. Approving the request, the SHC adjourned the hearing till the first week of October.

Presidential elections

The SHC also issued notice to the Election Commission of Pakistan (ECP) and others on a plea seeking stay on the oath-taking ceremony of President-elect Arif Alvi.

A division bench heard the plea filed by Nawaz Ali Mallah who had filed nomination papers to contest the presidential elections but his papers were rejected. The applicant claimed that his nomination papers were rejected without any reason and requested the court to order postponement of the oath-taking of the new president till his decision was not announced on his appeal.

Additional Advocate-General Shabbir Shah informed the court that in order to contest the presidential elections, a candidate must be proposed and seconded by elected legislators. He argued that the appellant’s form did not have any elected legislators as his proposer and seconder.

The SHC asked the applicant how he could contest the elections without fulfilling basic requirements, to which Mallah replied he could get the required proposers and seconders right then. The court remarked that time for it had lapsed.

The court rejected Mallah’s request to stay the oath-taking ceremony, telling him that decision on his plea would be taken once the ECP and other relevant authorities had submitted their replies.

Source: Express Tribune