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ISLAMABAD: The Supreme Court turned down on Wednesday a defence ministry’s request to allow prosecution under the Pakistan Army Act (PAA) 1952 of a serving military officer accused of having been involved in the enforced disappearance of one Tasif Ali.
Instead, a two-judge bench headed by Justice Nasir-ul-Mulk ordered the Punjab police to continue its investigation against accused Major Mohammad Ali Ahsan.
The bench had taken up an application of Abida Malik, wife of Tasif Ali alias Danish.
She alleged that MI officer Ali Ahsan, commonly known as Maj Haider, was behind the enforced disappearance of her husband and sought his immediate production before the court.
Tasif Ali is believed to be a Hizbul Mujahideen activist who went missing on Nov 23, 2012, and was allegedly picked up by Maj Ahsan. His last phone conversation was with Maj Ahsan who was then a captain posted at the MI-918, Mangla Cantonment.
The matter was reported to the Sadiqabad Police Station on Dec 5, 2012, and was heard by the Lahore High Court on March 19 last year, but the case was dismissed.
In her complaint, Ms Abida alleged that harsh words had been exchanged between her husband and the caller, believed to be Maj Ahsan, during the conversation at about 4pm on Nov 22, 2012. The next day her husband went to offer Juma prayers and has since been missing.
Tasif Ali had started a furniture business before his disappearance.
The Supreme Court had ordered Defence Secretary retired Lt Gen Asif Yasin Malik to cooperate with the police in the investigation to find the whereabouts of the missing man as well as the military officer who had allegedly abducted him.
On Wednesday, Additional Attorney General Shah Khawar drew the court’s attention to a Dec 2 letter seeking some time since the defence secretary was out of the country.
The legal branch of the Military Intelligence Directorate through the defence ministry had asked police to transfer the case file to the General Headquarters for trial of the officer under the army act. The request was made through a letter written to the DIG police, Lahore. In compliance with the court’s order, the competent authority had decided to take over the case from the police department, the letter said, citing Section 94 of the PAA read in conjunction with the Army Regulations (Rules)-373.
On June 11 last year, the MI Directorate had pleaded before the court that an army officer and a subject of the Army Act should not be investigated or inquired into by police or even by the Supreme Court.
The MI had denied that Tasif Ali was in its custody.
On Wednesday, Advocate Mohammad Ibrahim Satti, counsel for the MI, argued that police should seek permission from the commanding officer concerned before recording the statement of Maj Ali Ahsan.
But Justice Mulk said it was the job of police to investigate such cases.
Retired Col Inamur Raheem, representing Abida Malik, argued that relevant army laws and regulations allowed police to investigate and even arrest army officers if found involved in crimes.
The counsel informed the bench that he had filed a contempt petition in the apex court against the top defence hierarchy for allegedly impeding police investigation to shield and protect accused Maj Ahsan.
The petition named the defence secretary, former army chief Gen Ashfaq Parvez Kayani, Chief of General Staff Lt Gen Rashid Mehmood and General Headquarters Military Secretary Lt Gen Mazhar Jameel as respondents.
But the court said it would take up the matter when it resumes the main case on March 10.
SC rejects plea for MI officer’s trial under army act - DAWN.COM
As per Urdu article, A kidnapping case would be registered against MI officer
Secretary told to cooperate in missing man’s probe
Published 2013-11-20 07:24:28
ISLAMABAD, Nov 19: The Supreme Court hearing case of a missing man was informed on Tuesday that Major Mohammad Ali Ahsan (Haider) of the Military Intelligence (MI), who was allegedly involved in the disappearance, was apparently performing his duty in earthquake-hit Awaran district of Balochistan.
“Sincere efforts are under way for the recovery of the alleged kidnapped person, Tasif Ali alias Danish,” said a police report submitted to a three-judge bench headed by Chief Justice Iftikhar Muhammad Chaudhry.
The court had taken up an application of Abida Malik, wife of Tasif Ali, seeking production of her husband. She alleged that Major Haider was involved in her husband’s disappearance.
Tasif Ali, stated to be working for Hizbul Mujahideen, had gone missing on Nov 23, 2011. He had reportedly been in contact with Major Haider till his last call to the latter when he was a captain and posted at the MI-918 Mangla Cantonment.
The matter was reported to the Sadiqabad police station on Dec 5 last year. The Lahore High Court heard the case on March 19 this year, but dismissed it.
In her complaint, Ms Abida said harsh words were exchanged during a telephone conversation between her husband and a caller, believed to be Major Haider, at about 4pm on Nov 22, 2012. The following day, Tasif Ali, who had started a business in furniture, went to offer Juma prayers, but did not return.
On Nov 8 this year, the Supreme Court had ignored a government request to constitute a fresh joint team comprising intelligence officials to investigate the matter.
On Tuesday, the court asked Defence Secretary retired Lt Gen Asif Yasin to cooperate with police in their investigation to resolve the controversy.
The police report submitted by DIG Monitoring and Investigation Lahore Abdul Qadir Qayyum said that as per the cellphone data record Major Haider was at Channi Alamsher in Mandra of Rawalpindi district at about 12.12pm on May 10 this year, and in Karachi at about 4.16pm.
The report said that an Air Blue flight (A205) had departed from Rawalpindi to Karachi at 2.24pm and a ticket with a seat No 21A was issued to a passenger named Mohammad Ali Ahsan having the same cellphone.
The investigation team later received an envelope bearing an old visiting card of Capt Ali Ahsan, a letter and transfer orders of Maj Mohammad Ali Ahsan, the report said, adding that the orders issued by the GHQ MS Branch Rawalpindi suggested that Maj Ali Ahsan had been transferred from 918 Int. Bn (Intelligence Battalion) to 61 Punjab on Feb 1, 2013.
The orders were being verified from the authority concerned, the report added.
Advocate retired Col Inamur Raheem, the counsel for Abida Malik, submitted to the court a statement issued by the MI Directorate claiming that Tasif Ali was neither apprehended nor held by the MI as already submitted to the SC through the defence ministry and MI’s counsel Advocate Ibrahim Satti. Besides, it said, no officer with the name of Maj Haider had ever served in the MI Mirpur (AJK).
“Notwithstanding, since an FIR against a serving officer has been registered which is a case to be dealt under the Pakistan Army Act, the authorities concerned may be approached for provision of evidence to proceed further with the case,” it said
Secretary told to cooperate in missing man’s probe - DAWN.COM
Instead, a two-judge bench headed by Justice Nasir-ul-Mulk ordered the Punjab police to continue its investigation against accused Major Mohammad Ali Ahsan.
The bench had taken up an application of Abida Malik, wife of Tasif Ali alias Danish.
She alleged that MI officer Ali Ahsan, commonly known as Maj Haider, was behind the enforced disappearance of her husband and sought his immediate production before the court.
Tasif Ali is believed to be a Hizbul Mujahideen activist who went missing on Nov 23, 2012, and was allegedly picked up by Maj Ahsan. His last phone conversation was with Maj Ahsan who was then a captain posted at the MI-918, Mangla Cantonment.
The matter was reported to the Sadiqabad Police Station on Dec 5, 2012, and was heard by the Lahore High Court on March 19 last year, but the case was dismissed.
In her complaint, Ms Abida alleged that harsh words had been exchanged between her husband and the caller, believed to be Maj Ahsan, during the conversation at about 4pm on Nov 22, 2012. The next day her husband went to offer Juma prayers and has since been missing.
Tasif Ali had started a furniture business before his disappearance.
The Supreme Court had ordered Defence Secretary retired Lt Gen Asif Yasin Malik to cooperate with the police in the investigation to find the whereabouts of the missing man as well as the military officer who had allegedly abducted him.
On Wednesday, Additional Attorney General Shah Khawar drew the court’s attention to a Dec 2 letter seeking some time since the defence secretary was out of the country.
The legal branch of the Military Intelligence Directorate through the defence ministry had asked police to transfer the case file to the General Headquarters for trial of the officer under the army act. The request was made through a letter written to the DIG police, Lahore. In compliance with the court’s order, the competent authority had decided to take over the case from the police department, the letter said, citing Section 94 of the PAA read in conjunction with the Army Regulations (Rules)-373.
On June 11 last year, the MI Directorate had pleaded before the court that an army officer and a subject of the Army Act should not be investigated or inquired into by police or even by the Supreme Court.
The MI had denied that Tasif Ali was in its custody.
On Wednesday, Advocate Mohammad Ibrahim Satti, counsel for the MI, argued that police should seek permission from the commanding officer concerned before recording the statement of Maj Ali Ahsan.
But Justice Mulk said it was the job of police to investigate such cases.
Retired Col Inamur Raheem, representing Abida Malik, argued that relevant army laws and regulations allowed police to investigate and even arrest army officers if found involved in crimes.
The counsel informed the bench that he had filed a contempt petition in the apex court against the top defence hierarchy for allegedly impeding police investigation to shield and protect accused Maj Ahsan.
The petition named the defence secretary, former army chief Gen Ashfaq Parvez Kayani, Chief of General Staff Lt Gen Rashid Mehmood and General Headquarters Military Secretary Lt Gen Mazhar Jameel as respondents.
But the court said it would take up the matter when it resumes the main case on March 10.
SC rejects plea for MI officer’s trial under army act - DAWN.COM
As per Urdu article, A kidnapping case would be registered against MI officer
Secretary told to cooperate in missing man’s probe
Published 2013-11-20 07:24:28
ISLAMABAD, Nov 19: The Supreme Court hearing case of a missing man was informed on Tuesday that Major Mohammad Ali Ahsan (Haider) of the Military Intelligence (MI), who was allegedly involved in the disappearance, was apparently performing his duty in earthquake-hit Awaran district of Balochistan.
“Sincere efforts are under way for the recovery of the alleged kidnapped person, Tasif Ali alias Danish,” said a police report submitted to a three-judge bench headed by Chief Justice Iftikhar Muhammad Chaudhry.
The court had taken up an application of Abida Malik, wife of Tasif Ali, seeking production of her husband. She alleged that Major Haider was involved in her husband’s disappearance.
Tasif Ali, stated to be working for Hizbul Mujahideen, had gone missing on Nov 23, 2011. He had reportedly been in contact with Major Haider till his last call to the latter when he was a captain and posted at the MI-918 Mangla Cantonment.
The matter was reported to the Sadiqabad police station on Dec 5 last year. The Lahore High Court heard the case on March 19 this year, but dismissed it.
In her complaint, Ms Abida said harsh words were exchanged during a telephone conversation between her husband and a caller, believed to be Major Haider, at about 4pm on Nov 22, 2012. The following day, Tasif Ali, who had started a business in furniture, went to offer Juma prayers, but did not return.
On Nov 8 this year, the Supreme Court had ignored a government request to constitute a fresh joint team comprising intelligence officials to investigate the matter.
On Tuesday, the court asked Defence Secretary retired Lt Gen Asif Yasin to cooperate with police in their investigation to resolve the controversy.
The police report submitted by DIG Monitoring and Investigation Lahore Abdul Qadir Qayyum said that as per the cellphone data record Major Haider was at Channi Alamsher in Mandra of Rawalpindi district at about 12.12pm on May 10 this year, and in Karachi at about 4.16pm.
The report said that an Air Blue flight (A205) had departed from Rawalpindi to Karachi at 2.24pm and a ticket with a seat No 21A was issued to a passenger named Mohammad Ali Ahsan having the same cellphone.
The investigation team later received an envelope bearing an old visiting card of Capt Ali Ahsan, a letter and transfer orders of Maj Mohammad Ali Ahsan, the report said, adding that the orders issued by the GHQ MS Branch Rawalpindi suggested that Maj Ali Ahsan had been transferred from 918 Int. Bn (Intelligence Battalion) to 61 Punjab on Feb 1, 2013.
The orders were being verified from the authority concerned, the report added.
Advocate retired Col Inamur Raheem, the counsel for Abida Malik, submitted to the court a statement issued by the MI Directorate claiming that Tasif Ali was neither apprehended nor held by the MI as already submitted to the SC through the defence ministry and MI’s counsel Advocate Ibrahim Satti. Besides, it said, no officer with the name of Maj Haider had ever served in the MI Mirpur (AJK).
“Notwithstanding, since an FIR against a serving officer has been registered which is a case to be dealt under the Pakistan Army Act, the authorities concerned may be approached for provision of evidence to proceed further with the case,” it said
Secretary told to cooperate in missing man’s probe - DAWN.COM
