KARACHI, Oct 26 The Sindh High Court on Monday ordered the district police officer and other officials of the Thatta police to produce a 35-year-old man, allegedly in their illegal detention, on Tuesday.
A division bench comprising Justices Gulzar Ahmed and Irfan Saadat Khan was hearing two identical petitions filed by the mother and wife of the detainee, Akbar Mallah, a labourer and resident of Mirpur Bathoro, Thatta, who had allegedly been arrested on Oct 1.
The court had earlier on Oct 23 appointed a court official as commissioner to conduct a raid on the Thatta police station for the recovery of the detainee.
The court official in his report submitted that he along with the victim's brother, Nawaz Mallah, had raided the police station, checked the lockups and other rooms of the police station, but the detainee was not found.
He stated that he also checked the CIA Centre, Thatta, which was located adjacent to the police station but in vain.
The court official submitted that he left the police station after the raid and on the way the victim's brother, who was in another vehicle, signalled him to stop to say that he had received a call on his cellular phone and the unidentified caller demanded Rs25,000 from him for the release of his brother.
He said that the caller told the victim's brother that the money was to be paid to Anwar Lakho, an official of the Thatta CIA.
The court official submitted that the detainee also spoke to his brother by the phone of the unknown caller. He said that the detainee told his brother to do something for his release, though he could not disclose his whereabouts.
After going through the court official's report, the bench ordered the respondent police officials to produce the detainee within two hours.
However, the respondent officials through a law officer requested the court to put off the matter till Tuesday when they said they would produce the alleged detainee in court.
The petitioners submitted before the court that Akbar Mallah had been illegally detained on Oct 1 by the then SHO of the Mirpur Bathoro police station, Liaquat Dars, who was now posted at the Loni Kot police station.
They stated that the victim, the father of four, was apprehended by the SHO at the instigation of Haji Allah Dino Parhayar and Wahid Parhayar.
The detainee's wife, Roshan Mallah, and his mother, Kazo Mallah, stated that they had informed the DPO of Thatta about the incident the same day, but the victim's relatives did not get any response from the DPO office.
They said that they learnt on Oct 8 that SHO Liaquat Dars had been transferred from the Mirpur Bathoro police station and posted at the Loni Kot police station, and the police officer also took away the detainee along with him.
The petitioners said that they again made representations through fax to the DPO, who, however, did not give any response.
Subsequently, they said, an application against the police officials was filed in a sessions court. However, they withdrew the application after they received threats of dire consequences from the police.
The petitioners submitted that a CIA team of the Thatta police had come along with Haji Allah Dino Parhayar and Wahid Parhayar to Mallah's house and took away the detainee's elder brother, Ali Nawaz Mallah, some 15 days before his own detention.
They stated that fortunately Nawaz Mallah was recovered and released two days after his detention following the raid of the 1st Judicial Magistrate and Civil Judge, Thatta, on the CIA police station.
The petitioners said that the JM had raided the CIA police station on the complaint of some other person whose relative was also illegally detained by the same police.
Besides praying to the court for the recovery of the detainee, the petitioners also prayed to the court that a compensation of Rs1 million be also awarded to the detainee's family.
Vessel's detention extended
The Sindh High Court on Monday extended the detention of a cargo vessel, which had been arrested on Friday by the Maritime Security Agency on a court order in an admiralty suit filed against the ship and its operator.
The suit against MV AG Ekaterini and M/s Ellas Seaway Company of Liberia was filed by the Energy Net Limited and Energy Petroleum Limited for the recovery of outstanding dues of $234,547 against the shipping company immediately after the plaintiffs learnt about the call of the Ekaterini to Karachi.
No one appeared on behalf of the defendants during the hearing, although they were duly served with the court notice as per the bailiff's report. The plaintiffs' counsel, Advocate Omair Nisar, however appeared in court.
Justice Maqbool Baqar while putting off the hearing till Nov 12, ordered to send a notice to the shipping company by courier.
The court had issued on Friday a warrant for the arrest of the ship and directed the MSA to effect its service upon the vessel and ensure that it does not leave the port.
Later, the court while granting an application of the MSA directed the Karachi Port Trust authorities to unsure the detention of the vessel.
The petitioners submitted that the defendants were supplied fuel and bunkers during different port calls abroad since April and the shipping company failed to make payment even after due dates.
They prayed to the court to direct the defendants to make payment of the outstanding dues.
The petitioners also prayed to the court to issue warrants for the arrest of the ship which might only be allowed to leave the port on furnishing a security to the extent of the claims in the suit.
They further prayed that the vessel be sold and the amount in question be paid to them.
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