The constitutional petition No. D-2417/2008, regarding the eight women and four children who were made hostages by the police of four districts of Sindh province, for the surrender of a robber was heard by the double bench of Sindh High Court yesterday. The application for sou motto action was filed by the AHRC which was converted into a constitutional petition by the Chief Justice of Sindh High Court. Please see the statement: http://www.ahrchk.net/statements/mainfile.php/2008statements/1802/.
The aforementioned constitutional petition was heard before Mr. Justice Mohamed Athar Saeed and Mr. Justice Salman Ansari. The court took serious notice of non-appearance of the Advocate General or its any representatives. The police officers from Hyderabad and Tando Allahayar districts, Sindh province, stated before the court that they have already submitted the report as directed by the court vide its order dated 15.1. 2009. However, the court was astonished to see that there was no such report before it. The judges criticized the police for not following the direct orders of the court and for trying to waste the court¡¦s time. The honourable court ordered the police officers to submit the photo copies of the same and also supply a copy to the advocate appearing on behalf of the AHRC. The matter was then adjourned due to non-appearance of state counsel. The court directed the Attorney General¡¦s office to make sure that a law officer should appear on the next date of hearing which has been fixed for the 19th March, 2009.
The report submitted by the DIG police, Hyderabad district-Sindh, has denied that any arrest (of the women and children) was made by the police. The report also denied that any personal belongings or live stock were confiscated. Instead the report stated that the cattle confiscated were wondering around so they were herded by the police under section 550Cr.PC. The district police officer (DPO) Hyderabad submitted the report stating that a senior police officer (SPO) Taluka conducted the inquiry and found that the stray cattle were released to the owner on the order of this court but categorically denied that any raid had been conducted at village Khair Mohmmad Khokhar, the arrest of the women or children and the taking of any ornaments, cash and animals.
Both the reports submitted by the DPO Tando allahayar district and the DPO Hydrabad stated that the allegations leveled against police are false and with nefarious design. The DIG police Hydrabad had nothing to add except he supported the inquiry report and denied the raid and arrest of women and children.
Mr. Ashikue Raza is lawyer from AHRC.
In the last hearing of January 15, the chief justice was sick so he could not attend the court and case was heard by double bench. Justice Mr. Ather Saeed, after hearing arguments from both the side ordered the Deputy Inspector General (DIG) Hyderabad to appear before the courts with comments on the Asian Human Rights Commission¡¦s application on January 15, 2009. The court also ordered the advocate on behalf of AHRC to make a constitutional petition on the basis of facts provided in the AHRC¡¦S application of Sou Moto dated December 10. The court observed that all the details of the confiscated items and animals of the victims should be provided to court and asked to police to provide details of one Mr. Mir Mohammad Khokhar of the village Khair Bux Khokhar, who is still in the illegal custody of the police, as complained by the victims, for the production of a suspected dacoit.
Earlier, on December 30, 2008, the Chief Justice, Mr. Anwer Zaheer Jamali, summoned the District Police Officers (DPOs) of Hyderabad and Tando Allahyar but today all of them were absent and police was represented by one Mr. Ghulam Qadir, Sub Inspector of Tando Allahyar police station, who denied the charges of illegal detention of eight women and four children. The honourable judge asked the sub-inspector to explain as to why all the newspapers and the Asian Human Rights commission are claiming that they were made hostage. The sub-inspector was unable to reply.
