ORDE R SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P. No.D-259 of 2012

Date Order with signature of Judge

For Katcha Peshi.

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16.08.2012

Ms. Noor Naz Agha and Mr. R. Meerza Shaheryar Khan, Advocates for the Petitioners in C.P.Nos. D-262 and 263 of 2012.

Mr. Ashiq Raza, DAG.

Mr. Dilawar Hussain, Standing Counsel.

Lieutenant Colonel Asif Ali, Assistant Judge Advocate General, Headquarters 5 Corps, Karachi.

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Lieutenant Colonel Asif Ali, Assistant Judge Advocate General, Headquarters is present in Court and states that only three persons namely Moula Bux, Muhammad Bux and Wasayo are in their custody, who are facing court martial as per Army Act. Whereas, the remaining persons are not in their custody nor their whereabouts are known to them. Lieutenant Colonel Asif Ali has further stated that Moula Bux, who is an army personnel, has duly been convicted on the charges of espionage under Army Laws and has been sent to Badin Jail. Whereas, Muhammad Bux and Wasayo though are not army personnel, however, they are arrested under the Army Laws, who are facing the Court Martial on similar charges.

Ms. Noor Naz Agha and Mr. R. Meerza Shaheryar Khan Advocates for the petitioners in C.P. Nos.D-262 and 263 of 2012 alongwith Mr. Muhammad Waseem Samo, who is not in attendance, submitted that private personnel cannot be tried under the Military Laws, hence detention of aforesaid persons by the Army is illegal

Since Mr. Muhammad Waseem Samo, learned counsel for the petitioners appearing in connected petitions is not in attendance, matter is being adjourned to 13.09.2012. In the meanwhile learned DAG is directed to make all possible efforts to trace out the whereabouts of the alleged detenues through law enforcing agencies. Notice in this regard may also be issued to the learned Advocate General Sindh, who shall also make such efforts and the detenues shall be produced before the Court on the next date of hearing.

Counsel for the petitioners state that the relatives of the detenues may be allowed to meet with them. Lieutenant Colonel Asif Ali states that they may approach the proper forum, their request may be entertained in accordance with Law.

Learned DAG requests that copy of this order may be supplied to him for onwards transmission to the concerned quarters and prompt compliance. Order accordingly.

Judge