ISLAMABAD: The wife of a serving brigadier, who was working as a director in Defence Housing Authority, Quetta and is said to be in the custody of military authorities, has asked the Lahore High Court’s Rawalpindi bench to declare her husband’s detention illegal.

Ummaira Saleem, wife of Brigadier Akhtar Subhan, said her husband was taken into custody by officials of Special Investigation Branch of the Military Police on June 22, 2023.

The case was fixed for hearing on Sept 13 and Justice Jawad Hassan of the Lahore High Court had initially raised objections during the hearing of the case that the petitioner could not seek relief from the high court as Article 199 (3) of the Constitution barred the high court from taking up the matter related to personnel of armed forces.

The petitioner’s counsel, Advocate Inamur Rahim, however, cited a number of cases in which the superior courts entertained such petitions and also set aside the orders of the military authorities.

The LHC then issued notice to the defence ministry and other respondents, and sought their replies and adjourned the hearing till Sept 14 since it was a habeas corpus petition. However, in the written order, the date of the next hearing was mentioned as Oct 6.

The petitioner filed another application on Tuesday, seeking an early hearing of the case. She cited sections 74 and 75 of Pakistan Army Act, 1952, read with Rule 23 and 24 of the Pakistan Army Act Rules, 1957, and claimed that the arrest and custody of Brig Subhan was illegal.

The petition said that the burden of the proof in a habeas corpus matter is always on the detaining authority to prove that the detention is lawful.

It requested the court to decide the case as quickly as possible. The Lahore High Court’s Rawalpindi bench will now hear the petition on Wednesday.

Published in Dawn, September 20th, 2023

Opinion

Who bears the cost?

Who bears the cost?

This small window of low inflation should compel a rethink of how the authorities and employers understand the average household’s

Editorial

Internet restrictions
Updated 23 Dec, 2024

Internet restrictions

Notion that Pakistan enjoys unprecedented freedom of expression difficult to reconcile with the reality of restrictions.
Bangladesh reset
23 Dec, 2024

Bangladesh reset

THE vibes were positive during Prime Minister Shehbaz Sharif’s recent meeting with Bangladesh interim leader Dr...
Leaving home
23 Dec, 2024

Leaving home

FROM asylum seekers to economic migrants, the continuing exodus from Pakistan shows mass disillusionment with the...
Military convictions
Updated 22 Dec, 2024

Military convictions

Pakistan’s democracy, still finding its feet, cannot afford such compromises on core democratic values.
Need for talks
22 Dec, 2024

Need for talks

FOR a long time now, the country has been in the grip of relentless political uncertainty, featuring the...
Vulnerable vaccinators
22 Dec, 2024

Vulnerable vaccinators

THE campaign to eradicate polio from Pakistan cannot succeed unless the safety of vaccinators and security personnel...