ISLAMABAD: The Supreme Court turned down on Wednesday a defence ministry’s request to allow prosecution under the Pakistan Army Act (PAA) 1952 of a serving military officer accused of having been involved in the enforced disappearance of one Tasif Ali.
Instead, a two-judge bench headed by Justice Nasir-ul-Mulk ordered the Punjab police to continue its investigation against accused Major Mohammad Ali Ahsan.
The bench had taken up an application of Abida Malik, wife of Tasif Ali alias Danish.
She alleged that MI officer Ali Ahsan, commonly known as Maj Haider, was behind the enforced disappearance of her husband and sought his immediate production before the court.
Tasif Ali is believed to be a Hizbul Mujahideen activist who went missing on Nov 23, 2012, and was allegedly picked up by Maj Ahsan. His last phone conversation was with Maj Ahsan who was then a captain posted at the MI-918, Mangla Cantonment.
The matter was reported to the Sadiqabad Police Station on Dec 5, 2012, and was heard by the Lahore High Court on March 19 last year, but the case was dismissed.
In her complaint, Ms Abida alleged that harsh words had been exchanged between her husband and the caller, believed to be Maj Ahsan, during the conversation at about 4pm on Nov 22, 2012. The next day her husband went to offer Juma prayers and has since been missing.
Tasif Ali had started a furniture business before his disappearance.
The Supreme Court had ordered Defence Secretary retired Lt Gen Asif Yasin Malik to cooperate with the police in the investigation to find the whereabouts of the missing man as well as the military officer who had allegedly abducted him.
On Wednesday, Additional Attorney General Shah Khawar drew the court’s attention to a Dec 2 letter seeking some time since the defence secretary was out of the country.
The legal branch of the Military Intelligence Directorate through the defence ministry had asked police to transfer the case file to the General Headquarters for trial of the officer under the army act. The request was made through a letter written to the DIG police, Lahore. In compliance with the court’s order, the competent authority had decided to take over the case from the police department, the letter said, citing Section 94 of the PAA read in conjunction with the Army Regulations (Rules)-373.
On June 11 last year, the MI Directorate had pleaded before the court that an army officer and a subject of the Army Act should not be investigated or inquired into by police or even by the Supreme Court.
The MI had denied that Tasif Ali was in its custody.
On Wednesday, Advocate Mohammad Ibrahim Satti, counsel for the MI, argued that police should seek permission from the commanding officer concerned before recording the statement of Maj Ali Ahsan.
But Justice Mulk said it was the job of police to investigate such cases.
Retired Col Inamur Raheem, representing Abida Malik, argued that relevant army laws and regulations allowed police to investigate and even arrest army officers if found involved in crimes.
The counsel informed the bench that he had filed a contempt petition in the apex court against the top defence hierarchy for allegedly impeding police investigation to shield and protect accused Maj Ahsan.
The petition named the defence secretary, former army chief Gen Ashfaq Parvez Kayani, Chief of General Staff Lt Gen Rashid Mehmood and General Headquarters Military Secretary Lt Gen Mazhar Jameel as respondents.
But the court said it would take up the matter when it resumes the main case on March 10.