Missing persons' case" Police ordered to proceed against MI officer

Pakistan on 01 August 2013
Location : Islamabad, Pakistan | Source : Daily Times. Image Source: Flickr User US Dept of Defense Current Photos

Missing persons’ case : Police ordered to proceed against MI officer

ISLAMABAD: Hearing the case of missing persons, the Supreme Court (SC) on Wednesday directed the Rawalpindi police to proceed against Military Intelligence (MI) Major Haider in accordance with law.

A three-member bench of the court, headed by Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry, was hearing an application by Abida Malik whose husband Tasif Ali went missing on November 23, 2011, from the Sadiqabad police precincts in Rawalpindi.

Earlier, the father-in-law of Tasif had told the bench that he had met with the MI officer, Major Haider, in Mirpur (Azad Kashmir) who said that Tasif would return home very soon.

The court observed that the case was of “individual nature” and does not involve the institution. “Therefore, police should proceed against the army officer (Major Haider) in accordance with law.”

On the other hand, Ibrahim Satti, the counsel for MI, raised objection to the court’s order, and said that police have no jurisdiction to proceed against any serving army officer under the Army Act, 1952. He also made it clear that the army would not hand over its officer to police.

But Justice Jawwad S Khawaja told the lawyer that the MI could not probe the matter itself as only police had the authority to investigate the army officer.

The lawyer, however, insisted that the court should decide whether or not the SC and police have jurisdiction to proceed against army officers.

He also said why the court was not giving judgement in the matter as it had already heard the arguments of attorney general of Pakistan (AGP).

Additional Attorney General of Pakistan Tariq Khokhar, submitting reply on behalf of MI, told the bench that Tasif was neither apprehended nor was he in the custody of MI.

“Major Haider has no link to the abduction of Tasif Ali alias Danish and the same has already been submitted in the Supreme Court of Pakistan by MI’s counsel, Advocate Ibrahim Satti.”

After receiving the MI’s reply, the bench observed that there was no involvement of the institution in this case and, therefore, let the law take its own course. The court also sought a progress report from police on the case and adjourned the hearing for 10 days.

Meanwhile, the bench summoned the Khyber Pakhtunkhwa inspector general tomorrow (Friday) regarding the recovery of another missing person, Khairur Rehman.

The court also issued notices to AGP Munir A Malik, the Punjab IGP and the interior secretary over abduction of a lawyer Waheed Naz Janjua from outside Ayub Park, Rawalpindi.

The court directed 
them to submit a report regarding steps taken for the recovery of Waheed Naz Janjua. hasnaat malik/ap

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