Delays in family’s meeting with man in military custody irk apex court

ISLAMABAD: The Supreme Court has ordered an immediate meeting between an accused in military custody — whose five-year-old son died during his incarceration — and his family.

The directions were issued on Thursday by a seven-judge Supreme Court bench, which was hearing a number of Intra Court Appeals (ICA) against the Oct 23 order of nullifying military trials of civilians allegedly involved in violence on May 9.

During the hearing, senior counsel Sardar Latif Khosa pointed out that the minor son of the accused died while he was in custody, and yet he was not allowed to meet his family.

The bench asked if court orders were needed every time a meeting had to be arranged between the accused and their families.

AGP claims authorities have been told to ensure regular meetings

At the outset of the hearing, Attorney General for Pakistan (AGP) Mansoor Usman Awan conceded that there had been interruptions in regular weekly meetings of the accused with their family members.

He added that such disruption only took place in Lahore, and now the authorities have been told that the meetings should continue without interruption.

“I have advised them that it [meetings of the accused with their families] was a court order, which should not be discontinued,” the AGP said.

He added that analyst Hafeezullah Niazi was also meeting his son Hasan Niazi on Thursday.

At the last hearing on July 8, Mr Niazi had pleaded before the court that he was not being allowed to meet his son, who has been in custody for the past 11 months.

Justice Muhammad Ali Mazhar observed that the government should ensure that the court’s earlier directions regarding the provision of food and family meetings once a week should be complied with.

During the hearing, Brig Imran from the Law Division told the court that he had been appointed as the focal person to arrange meetings between the family members.

Cross-talk between judges

The proceedings also witnessed cross-talk between the bench members when Justice Shahid Waheed observed that he wanted answers to questions like the ICA’s scope from the AGP and not bench members. “I want to seek clarification from AGP, and whatever opinion was being expressed by his brother, the judge was a different thing.”

Justice Mazhar asked the AGP to point out any error in the Oct 23 judgement since the court was hearing an ICA against a judgement delivered under Article 184(3) of the Constitution for the first time.

He also wondered if the court should stop hearing appeals until its rules were amended in light of the Supreme Court (Practice and Procedure) Act 2023.

During the proceedings on Thursday, the bench allowed senior counsel Khawaja Haris Ahmed to represent the Ministry of Defence.

The permission was granted after the bench rejected objections raised by Faisal Siddiqui. The AGP argued that Mr Haris was hired after the law ministry authorised the appointment to plead the case in view of its sensitivity.

Later, proceedings were adjourned till the next date, which will be decided as per the availability of judges.

Published in Dawn, July 12th, 2024