PESHAWAR: A Peshawar High Court bench on Wednesday sought comments from the secretaries of the defence ministry and provincial home department on a petition of imprisoned Indian citizen Hamid Nehal Ansari, who has sought remission of his jail sentence handed down by a military court in Dec 2015 after conviction.

Chief Justice Yahya Afridi and Justice Ijaz Anwar directed deputy attorney general Mussaratullah Khan and additional advocate general Waqar Ahmad Khan to file comments on behalf of the defence secretary and provincial home secretary respectively and explain the legal position on the matter.

The petitioner challenged the mention of the word ‘anti-state activities’ on his jail warrants, saying neither he was involved in any anti-state activities nor was he convicted by the military court for that offence.

Hamid Nehal challenges word ‘anti-state activities’ in his warrants

He prayed the court to issue appropriate orders or directions to the defence secretary to amend the jail warrant and substitute the word ‘anti-state activities’ with ‘illegal activities’.

The petitioner also sought directions for the authorities of Mardan district prison to allow due remission to him with effect from Dec 15, 2015, when he was convicted, and work out the date of his release after allowing remission.

He said neither he was an Indian Agent nor had he any connection with any group working against Pakistan.

The petitioner added that he had committed a mistake by crossing the border into Pakistan without valid documents and possessing a fake identity card.

Hamid Nehal Ansari had gone missing after he was taken into custody by intelligence agencies and local police in Kohat district in Nov 2012.

Later on Jan 13, 2016, the high court was informed In reply to a habeas corpus petition filed by Ansari’s mother, Fauzia Ansari, that the Indian citizen was in the custody of the Pakistan Army and was being tried by a military court.

In Feb 2016, news emerged that a military had sentenced the petitioner to three years imprisonment after conviction and that he was shifted to Peshawar central Prison. The Indian citizen was later shifted to Mardan district prison.

The petitioner, a 31-year-old MBA degree holder, who taught at the Mumbai Management College, said he had left India for Afghanistan on Nov 4, 2012 on valid tourist visa.

He left Jalalabad for Peshawar on Nov 12, 2012 and entered Pakistan with a fake identity card in the name of Hamza sent to him by his face book friends from Karak, with whom he stayed in Karak for two days. He added that on Nov 14, 2012, his friend left him at a hotel in Kohat following which he was arrested.

Due to a strike of lawyers over the killing of one of their colleagues in Mardan district few days ago, lawyer for petitioner Qazi Mohammad Anwar didn’t turn up in the hearing on Wednesday.

Human rights activist Rakhshanda Naz, who was given power of attorney by the petitioner, appeared before the bench.

The petitioner claimed that his counsel was informed by the prison authorities that sentence of three years rigorous imprisonment of the petitioner was being counted from Dec 15, 2015, and estimated date of his release comes to Dec 14, 2018 because he is not being give jail remission for the reason that on his jail warrant the word ‘anti-state activities’ is written in the column of charge.

He claimed that the story, which was established during his trial before the military court, was that he had developed contacts with a Kohat woman on Facebook and she invited him to Kohat and it was on her invitation that he came to Kohat.

The petitioner added that she was residing in Kohat Development Authority area and her parents had informed police about his presence on Kohat after which the police informed the security agencies leading to his arrest.

Published in Dawn, November 2nd, 2017