(Hong Kong, December 22, 2008)
The honourable Chief Justice of the Sindh high court will take the sou moto application of the Asian Human Rights Commission (AHRC) tomorrow, December 23, 2008, regarding the illegal and arbitrary arrest of by the Sindh police in order to obtain the surrender of a suspected dacoit. The honourable chief justice has converted the application of the AHRC, dated December 10, into a constitutional petition as ‘Asian Human Rights Commission Versus State.’ The case number is C.P. D-2417/2008. Mr. S. Ashikue Raza, Advocate, will represent the AHRC.
Please find below the Sou Moto application written to Honourable Chief Justice of Sindh High Court.
Hon. Anwar Zaheer Jamali
Honourable Chief Justice
Sindh High Court Karachi
Karachi
Pakistan
Fax: No. 92-21-9203221
Your Honour:
PAKISTAN: Re: Sou Moto action is sought in the case of made hostage by the Sindh police
December 10, 2008
The Asian Human Rights Commission wishes to draw your attention to the case of , residents of Khair Mohammad Khokhar Goth (village) Tando Allah Yar, Sindh province, who were arrested by the police from four cities of the province on the night of November 24, 2008. Since their arrest they have been held incommunicado as hostages against the production of one dacoit from their family who is suspected of kidnapping Dr. Abdul Jalil Bachani, Executive District Officer (EDO), Health, of district Tando Allahyar. Since then the whereabouts of the eight arrestees are unknown.
The high officials of the Sindh police are very reluctant to release the victims who had no part in the kidnapping of Dr. Bachani. It has been reported that the District Police Officer (DPO), told reporters on November 28, the police do not want to disclose the whereabouts of women and children or details of the charges under which they are being held in police custody. The Deputy Inspector of Police (DIG), Hyderabad range, Mr. Sana Ullah Abbasi, refused to provide information on their whereabouts when, on November 26, newsmen asked him to release the innocent women and children.
Mr. Hadi Bux Khokhar, the son of one of the arrested women, Ms. Imam Zadi (63), has filed a habeas corpus application in the Hyderabad Session Court of Mr. Abdul Malik, who appointed Mr. Mumtaz Solangi, civil judge of Hyderabad, to search the police station of Tando Allahyar. The civil judge visited the police lock up on December 1 but could not find the arrestees. Again, another application was filed in the court of Mr. Abdul Khalid Shahani, additional session judge, on the reports that the women and children are being held in Hosrhi police station Hyderabad. On the same day December 6, the judge ordered Mr. Halim Memon, the civil judge of Hyderabad to raid the police station and report. However, prior to the raid the police also managed to take remove the arrestees from the police station.
Brief details of the case are as follows:
That Dr. Abdul Jalil Bachani, Executive District Officer of the Health Ministry, was abducted by a group of dacoits on November 23, from the jurisdiction of Hotri police station, Hyderabad, while he was proceeding to join his new duties at Tando Allah Yar, Sindh. The dacoits were chased by the police and there was an encounter at Nawab Shah, 200 kilometers from Hyderabad. One of the dacoits was killed and during the encounter police officers saw one young person, Haji Wakil 18, among the dacoits. The police were unable to capture the dacoits and all but the one killed fled the scene. The following day, on November 24, at night, police from four districts, Hyderabad, Jam Shoro, Tando Allah Yar and Nawab Shah, raided the houses at Haji Khair Mohammad Khokhar village, Tando Allah yar, in 17 police heavy vehicles and started arresting the women with their children. The police officers informed the victims that it was their design that owing to the arrests of the girls and young women the dacoit will be forced to surrender to the police. The police also brought six trucks along and confiscated 30 buffalos and goats. The officers also searched the houses and took gold ornaments and crockery.
Dr. Abdul Jalil Bachani is the brother of Mr. Sattar Bachani, a provincial leader of the Pakistan Peoples Party, the ruling party of which he was also a former minister. The provincial government is therefore under pressure from the government to recover the abductee.
The name of the arrested women and children are; Imam Zadi (63), mother of Mr. Hadi Bux, student of third year of IT of Sindh university, Jam Shoro, Miss Lateefan (21), unmarried, Ms Shamima (28), along with her eight month child, Allah Wasai (24), along with her 14-month-old baby, Husan (28), wife of Wazir Ali along with her girl of 6 years, Huwa (28) along with her 12-months-old baby, Miss Sadori (20), unmarried, Mir Zadi (22), unmarried. The four children who ran away during the raid are Master Abdul Malik (8) and Master Abdul Quddus (6) sons of Mr. Mohammad Hassan, Master Mohammad Aslam (12) and Master Abdul Khalid sons of Mohammad Hussain. It has been reported that they were also taken away by the police.
This act of the police shows that police in Pakistan, particularly in Sindh province, do not respect the sanctity of women and children and respect the right to protection and freedom of the ordinary citizens. Pakistan has signed the International Covenant on political and civil rights, according to which arbitrary arrest is a violation of fundamental rights. The ignorance of the provincial government of Sindh of the actions of the police will, in the near future, strengthen the illegal and ultra-constitutional powers of the police.
There cannot possibly be any justification for taking women and minors hostage to ensure the surrender of a suspected criminal. On the contrary, this will merely encourage further kidnappings by criminal elements who will follow the lead taken by the police who are supposed to be upholding the rule of law.
The Asian Humans Rights Commission requests the court to take Sou Moto action to obtain the immediate release of the women and children.
The honourable court may also take legal action against the police officers who are involved in the heinous crime of making women and children hostages and keeping them in illegal detention.
Thank you,
Yours faithfully,
Danilo Reyes
Programme Assistant
Asian Human Rights Commission
