SC seeks details about major

Published August 14, 2013
Supreme Court. — File Photo
Supreme Court. — File Photo

ISLAMABAD: The Supreme Court directed the defence secretary on Tuesday to provide to the police within 10 days details about Major Haider Ali of Military Intelligence accused of abducting a civilian.

The court was hearing a petition filed by Abida Malik, wife of Tasif Ali, the man allegedly picked up by Maj Haider.

The petition filed through retired Lt Col Inamur Rahim said the MI had no power to arrest or investigate any civilian on mere information. It says that under the Pakistan Army Act, 1952, the MI cannot detain or investigate even army personnel as it is only responsible for collection and analysis of information relating to enemy and provide security clearance for employment and deployment of troops.

Tasif Ali went missing from Sadiqabad area of Rawalpindi on Nov 23, 2011.

According to the FIR lodged by Ms Malik with the Sadiqabad police on May 5 last year, Tasif Ali was picked up by Maj Haider.

The petition points out that the Supreme Court has held in several cases that superior courts can interfere to stop mala fide actions of military officials.

The MI informed the court that “according to the ground check, the husband of Abida Malik namely Tasif Ali was neither apprehended nor held in the custody of MI and further that Major Haider never remained posted to set-up concerned and has no link with the abduction”.

The MI said that on March 19, 2013, the Lahore High Court, Rawalpindi bench, had dismissed a petition seeking recovery of Tasif Ali and Ms Malik never assailed the LHC order. She rather filed a ‘human rights case’ in the Supreme Court, it added.

It said: “The Pakistan Army Act is a complete code as far as the persons who are subject to Army Act, and a complete mechanism is provided under the Army Act for the inquiry, investigation and trial as well as appeal and revision and thus no court or other forum has any jurisdiction in this respect.”

The Supreme Court in its order directed Additional Attorney General Tariq Mehmood Khokhar to get the address and other details of Maj Haider “who is allegedly involved in the abduction of Tasif Ali” and share them with police.

The court ordered the police to initiate proceedings against Maj Haider after receiving his address from the attorney general’s office.

In another case, the court sought a report from the Inter-Services Intelligence and MI and directed the police authorities to expedite their efforts for the recovery of Zaheer Gondal, a lawyer who went missing from Rawalpindi on July 15.

The court directed the IGP Punjab to appear in person if police failed to find the lawyer.

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