Islamabad: A two member bench headed by the Hon’ble Mr. Justice Iftikhar Muhammad Chaudhary, Chief Justice of Pakistan and Hon’ble Mr. Justice Tariq Parvez heard Constitution Petition No. 1 of 2012 and Criminal Original Petition No. 8 and 12 of 2012 along with Civil Misc. Application No. 1063/2012 (Mst. Rohaifa Versus Federation of Pakistan, etc).
Mr. Tariq Asad, ASC appeared on behalf of the petitioner, Maulvi Anwar-ul-Haq, AGP and Mr. Asadullah Chamkani, AG KPK appeared on Court’s notice. Comdr. M. Hussain, Ministry of Defence appeared on behalf of respondent No. 1 while Raja Muhammad Irshad, Sr. ASC appeared on behalf of respondents (2-4). The bench heard the case and passed following order:-
“Learned Additional Advocate General KPK has submitted a report compiled by the Chief Secretary, Government of KPK. With the assistance of Mr. Tariq Asad, learned counsel for the detenues we have gone through the same, which reveals the conditions of each of the detenues separately.
It seems that three detenues i.e. Dr. Niaz, Syed Abdul Majid and Abdul Basit require further medical treatment whereas as per the recommendations of the Medical Board, detenues – Mashar-ul-Haq s/o Ghulam Murtaza, Shafiq-ur-Rehman s/o Aziz-ur-Rehman, Mohammad Shafiq s/o Badshah Gul and Gul Roz s/o Ali Akbar have recovered and maintaining satisfactory health conditions; therefore, their discharge from the hospital has been recommended.
2. Mr. Tariq Asad, learned ASC has also admitted that the detenues are treated properly in the hospital by providing medicine and food etc. However, he states that those detenues, who have been recovered and are getting good satisfactory health, if at all to be shifted from the hospital, may be taken to such an internment centre which is nearer to Peshawar enabling the attendance of their relatives to visit them in accordance with law.
Learned Advocate General KPK states that he would consult this issue with the Chief Secretary and concerned authorities and suitable decision will be taken in this regard. He is directed to intimate the Registrar of this Court in this regard within three days, who shall share such information with Mr. Tariq Asad, ASC, enabling him to establish contacts with the detenues in accordance with law and if their relatives intend to visit them, they may also be allowed to do so.
3. So far as the remaining three detenues are concerned, they shall continue to be treated in the hospital. The Chief Secretary, Government of KPK may take all necessary steps for the purpose of providing them adequate medical treatment, which otherwise is their fundamental right. In the meantime, The Chief Secretary shall also arrange fortnight visits of the Supervisory Board to the detenues and shall submit a report in this regard to the Registrar of this Court for its onward submissions to us. If needed, the Supervisory Board may accompany doctors with it.
4. C.MISC. APPLICATION NO. 1063/2012. – Mr. Tariq Asad, ASC has submitted this Misc. application wherein he has complained that on 10.03.2012, one Umer Muhammad Ali Khan, who was voluntarily supplying/providing eatables (food) to the relatives of the detenues, who have established a strike camp near D-Chowk, Jinnah Avenue, Islamabad, has been forcibly picked up and so far his whereabouts are not known.
5. In this regard, directions have already been issued to the Registrar of this Court to enquire from the Inspector General of Police, Islamabad and submit report by fax on 17.03.2012. However, notice of this Misc. Application is issued to the learned Attorney General for Pakistan as well as to the Inspector General of Police, Islamabad to take all necessary steps for effecting recovery of Umer Muhammad Wali Khan and produce him before the Court on 19.03.2012.
To the extent of disposal of C. Misc. Application No. 1063 of 2012, the case is adjourned to 19.03.2012; whereas Const. P. No. 1 of 2012 and connected petitions shall be taken up on 09.04.2012.”
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