News
Tuesday, November 26, 2013
Wife of ‘missing person’ moves SC against Kayani* Abida Malik files contempt plea against COAS, defence secretary, chief of general staff, military secretary at GHQ for ‘impeding’ investigation process for recovery of her husband
By Hasnaat Malik
ISLAMABAD: A contempt of court petition has been moved against the incumbent defence secretary, Chief of Army Staff General Ashfaq Pervez Kayani and others for not complying with the Supreme Court’s order about the recovery of a missing person who was allegedly abducted by an army officer.
Abida Malik, wife of missing person Tasif Ali, filed the petition under Article 204 of the constitution read with Contempt of Court Ordinance 2003. She has asserted that Defence Secretary Lt Gen (r) Asif Yasin, Chief of Army Staff General Ashfaq Pervez Kayani, Chief of General Staff Lt Gen Rashid Mehmood, and GHQ Military Secretary Lt Gen Mazhar Jameel all collectively impeded the process of investigation, which is itself an offence under the Pakistan Army Act.
The petitioner said that it was the constitutional obligation of the superior hierarchy of the armed forces to act in aid of the Supreme Court, noting that the matter was sub judice and the court had questioned the conduct of an army officer. Abida Malik has claimed that Major Haider of Military Intelligence took away her husband last year and since then she has had no information about him. Dr Aslam, father-in-law of the missing man, has claimed that he personally met Major Haider, who used to deal in timber with Tasif, but got annoyed over a business dispute.
On the complaint of Abida Malik, Rawalpindi police registered an FIR against Major Haider on November 23, 2011. A local police team comprising Inspector Tanveer Javed Warraich and Sadiqabad SHO visited Mirpur to record the statement of Maj Haider. The investigation officer later told the court that an officer at the MI set-up in Mirpur did not cooperate with them. They, however, informed the court that the description provided by Dr Aslam of the premises in question exactly matched the place when he visited.
The Supreme Court, therefore, directed the deputy advocate general and the additional advocate general to ascertain from the quarters concerned, including the ministries of defence and interior, who was the person who met Dr Aslam on January 7, 2013. Flt Lt Irfan from the Ministry of Defence sought time to find out more about the case of Tasif Ali. The Defence Ministry had on June 12, 2013 submitted an application on behalf of the Military Intelligence stating that according to their probe Tasif Ali was neither apprehended nor held in the custody of Military Intelligence and that Maj Haider was never posted at the set-up concerned and has no link with the abduction of Tasif Ali.
On July 31, 2013 the AAG placed on record a statement on behalf of the MI Directorate that “the matter has been consulted with MI Dte, GHQ. In response MI Dte. intimated that husband of Mst. Abida Malik, namely Tasif Ali, was neither apprehended nor held in their custody and as per own ground check; Maj Haider has no link with the abduction of Tasif Ali”. The court observed that there does not seem to be any institutional involvement, and being a matter between individuals it had to be dealt in accordance with the law.
On August 13 the court directed the additional attorney general to contact the defence secretary asking him to provide the address of Maj Haider so that police could investigate the matter further. On October 23, a letter was submitted in the court on behalf of the Ministry of Defence, stating that a concentrated effort was made in consultation with the MI Dte, which has determined that Tasif Ali was neither apprehended nor held in its custody. On November 5, the Defence Ministry submitted through a letter that police was conducting the investigation into the case unilaterally, whereas to achieve a meaningful outcome, the matter needed a thorough effort from a joint team comprising of all the investigating/intelligence agencies.
The complaint has alleged that on December 5, 2012 an FIR was registered about her husband’s disappearance, and on February 1, 2013, the accused officer was posted out from 918 Intelligence Battalion to 61 Punjab. She claims that the entire matter was in the personal knowledge of Gen Ashfaq Pervez Kayani, as the posting orders were issued with his approval.
Courtesy www.dailytimes.com.pk