Govt produces detainee
Arif Gull before SC
after stern warning

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KARACHI: Govt produces detainee Arif Gull before Supreme CourtTV grab shows Arif Gull being brought to the Supreme Court. The detainee belonging to the Khyber Pakhtunkhwa tribal area and who was put in a detention centre was produced before the Supreme Court on Tuesday, reported 24NewsHD TV channel.

The court also clubbed the case with another one relating to defining the legal position of detention centres and being heard by a larger apex court bench. It also allowed detainee Arif Gull’s father and grandfather to meet him as per the established rules.

A three-judge bench of the Supreme Court headed by Chief justice of Pakistan Gulzar Ahmad heard a habeas corpus petition filed by the detainee’s grandfather Sultan Mehmood.

During the hearing, CJP Gulzar Ahmad asked detainee Arif Gull to tell the court what was the matter with him. On which, KP advocate general told the court that he could not understand Urdu, he could comprehend Pashtu only.

Gull told the court that he used to work at a hotel, somebody complained about him and the security officials arrested him.

Justice Qazi Amin asked the additional attorney general to apprise the bench what was the allegation against him. The additional AG said that the court was in possession of the documentary record of the case

Justice Amin remarked that Arif Gull was accused of launching an attack on a security post. The chief justice observed that that the matter of legal position of detention centres was also being heard by the larger bench of the court.

The AG said since the identity of Arif Gull had been revealed, so it was prayed to the court either to dispose of the case or club it with the case being heard by the larger bench. After this, the KP police took Arif Gull back to Kohat.

Earlier, the Supreme Court changed the bench hearing the Arif Gull case. Justice Jamal Khan Mandokhel and Justice Muhammad Ali Mazhar who were part of the bench yesterday were replaced by Justice Ijazul Ahsan and Justice Qazi Amin.

Stern warning by Supreme Court

Chief Justice of Pakistan Supreme Court Justice Gulzar Ahmed

It may be recalled that Chief Justice of Pakistan (CJP) Justice Gulzar Ahmed warned on Monday that the apex court would not hesitate to summon Prime Minister Imran Khan if Arif Gull, detained at an internment centre in Kohat since 2019, was not produced before it on Tuesday (today).

“Should we seal the courts if Arif Gull cannot be produced,” the CJP asked.

Justice Gulzar headed a three-judge Supreme Court bench that had taken up a habeas corpus petition moved by a relative of Arif Gull seeking information about his whereabouts.

Last week, the Supreme Court had ordered production of the internee on Monday. But according Supreme Court sources, no news came out from the apex court about the presence of Arif Gul till our going to press.

But the court accepted a statement by Shumail Butt, the advocate general for Khyber Pakhtunkhwa, and Additional Attorney General Sajid Ilyas that it was impossible to produce Arif Gull on Monday due to the distance between Islamabad and Kohat. The Supreme Court put off further hearing with a directive to produce the accused by Tuesday.

The interned person is facing an allegation of attacking the checkpost of a security force at Kandau, near the border with Afghanistan, in 2019 and since then he has been under detention at the Kohat internment centre.

A file picture shows demonstration of relatives of Shia missing persons hold sit-in outside President Arif Alvi’s residence in Karachi.

“Would the edifice of the Supreme Court crumble if Arif Gull is produced before the court,” wondered the CJP. “We should lock the court if the person cannot be produced before it.”

Justice Gulzar Ahmed told the advocate general the judiciary had the powers to summon the “entire defence machinery” if Arif Gull was not brought to the court.

The court chided the authorities for not settling the matter of Mr Gull’s nationality since 2019. It is believed that he is an Afghan national.

The advocate general said vocational training as well as counselling of Arif Gull at the internment centre had been completed.

Justice Jamal Khan Mandokhel, a member of the bench, said it should be ascertained whether the law under which Arif Gull had been detained was still valid or not since the region formerly known as “federally administered tribal areas” was now a part of Khyber Pakhtunkhwa.

No work is being done in KPK

In another case, Chief Justice of Pakistan Gulzar Ahmed has remarked that no work is being done in the government sector of Khyber Pakhtunkhwa. Where are the billions of rupees of the government going?

The Supreme Court heard a suo motu notice case relating to increasing cases of breast cancer. The Supreme Court directed the federal and all provincial health secretaries to submit a report on breast cancer and summoned the Balochistan health secretary for the next hearing.

Advocate General KP said that the Khyber Pakhtunkhwa government has allocated Rs 3 billion for machinery and treatment of breast cancer, PC-1 of the project has been prepared. Chief Justice Gulzar Ahmed said that you only make PC-1 and there is no implementation.

Justice Jamal Khan Mandokhel said that the real problem is human resources, crores of machinery are brought and kept, no one knows the usage, people will continue to die till hospitals are set up, not a single oncologist in Balochistan province. No, where does Balochistan’s health budget go? There has been no open-heart surgery to date.

Advocate General KP said that the Khyber Pakhtunkhwa government has started the work of issuing health cards for the health facility of the citizens, every citizen registered under the health card has been given the facility to get treatment up to Rs. 1 million. Justice Muhammad Ali Mazhar remarked that if there is any procedure for health cards, who will be given health cards?

Chief Justice Gulzar Ahmed said that you would have allocated Rs. 5-6 billion so that people would continue to eat money from it. It works and there is no oxygen system. Where are the billions of rupees of KP government going? People from top to bottom have been recruited on recommendation in KPK hospitals.  The court adjourned the case for a week.