Family moves Sindh High Court for meeting with Dr Aafia Siddiqui

The Sindh High Court (SHC) on Tuesday took up a petition seeking directives for the government to ensure a meeting between Dr Aafia Siddiqui, Pakistani-American neuroscientist languishing in a US prison, and her family.

Siddiqui, a US citizen of Pakistani origin, was sentenced to 86 years imprisonment by a US court for allegedly shooting at US army and FBI officers while in custody in Afghanistan.

Fouzia Siddiqui, the inmate’s sister, filed the petition in the high court, demanding that the government take measures to ensure a meeting between Dr Aafia and her family in the US prison.

During the hearing, a division bench of the SHC directed the petitioner’s lawyer to forward arguments about the admissibility of the petition. The counsel sought time to prepare his arguments.The court approved his plea and adjourned the case for a week.Last year in August, the Foreign Office of Pakistan had said Dr Aafia Siddiqui was assaulted by a fellow inmate in a United States (US) prison. “We learnt of an assault on Dr Afia Siddiqui by a fellow inmate at FMC Carswell on 30 July 2021,” the FO spokesperson said.

“Our Embassy in Washington DC as well as our Consulate General in Houston immediately took up the matter with the concerned US authorities. Our Consul General in Houston visited Dr Siddiqui immediately to ascertain her well-being. She had received some minor injuries but was doing fine,” the statement read.

Source: Pak Observer

Sindh High Court wants probe report in Darul Aman rape case submitted in time, offenders tried

KARACHI: The Sindh High Court has directed the police to submit the investigation report before the court concerned within the stipulated period in an incident of rape of inmates of a Darul Aman and all offenders be sent for trial.

A single-judge SHC bench headed by Justice Salahuddin Panhwar also expressed concerns over the safety of women residing in Darul Amans and directed the deputy inspector general of police (Special Security Unit) to depute women police constables round the clock in the four Darul Amans of Sindh and ensure the safety of the inmates.

It also ordered the provincial home department to ensure that at least one women’s police station was established in every district of the province and all the posts be filled within three months in accordance with the recruitment rules.

The bench further directed the home secretary to submit SNEs (sanctioned new establishments) regarding women police stations within a month for approval and told the secretary of the finance department to provide required assistance. The court said that the approval of SNEs be made within 15 days.

It told the women department’s secretary to ensure that CCTV cameras were installed inside all the Darul Amans and the assistant inspector general of police (AIGP-Legal) to put in place this facility in front of the Darul Amans and safe houses for women to ensure the safety of the inmates.

Court calls for establishment of women’s police stations in all districts

On the last hearing, the bench had ordered the registration of an FIR against an official of the Sukkur Darul Aman after it was informed that during a judicial inquiry conducted by the district judge a senior clerk was found involved in the rape of inmates. It had further directed the investigating officer to examine the acts and omissions of the then director of social welfare, Sukkur, and the then secretary of the social welfare department in that regard and prosecute them if abetment was constituted.

At the outset of the hearing, a compliance report was filed on behalf of the DIG and SSP of Sukkur while the AIGP-Legal also informed the bench that a case had been registered regarding rape offences.

The investigating officer of the case contended that he would conduct investigation without being influenced by any pressure.

The bench directed the AIGP-Legal to supervise the investigation and the investigation report under Section 173 of the Criminal Procedure Code be submitted before the magistrate concerned for further proceedings within the stipulated period and all offenders having a role in this serious crime be sent for trial.

While referring to its previous order about women police stations, the bench confronted the home secretary about compliance. He contended that women police stations were yet notified by the department though they had established some women police stations in different districts without SNEs and a notification.

He assured the bench that all SNEs, as well as the proposal, would be submitted for final approval with the consultation of the finance department regarding women’s police stations.

The bench warned that it was the second undertaking and if the home secretary again failed to comply with, it would bring legal consequences. It also directed the finance secretary to extend all cooperation about SNEs.

The bench observed that not only the Constitution but our religion provided great respect and honour to females and undeniable protection was to be provided to them, hence the home department must ensure that in every district at least one women police station was set up.

It deplored that there were only four Darul Amans, one of them operating under the control of the private sector, in the whole province and said that the secretary of the women development department was required to provide protection to the three government-run Darul Amans at Sukkur, Larkana and Hyderabad as the incident of rape with inmates showed complete malfeasance and misfeasance of officials.

At this juncture the secretary for the women development department contended that they had removed all male staff from the Darul Amans except the gatekeepers and maintained that two more Darul Amans were under construction in Jacobabad and Mirpurkhas.

However, the bench observed that in view of the population there should be a Darul Aman in every district and added that the inmates should also be provided vocational training in order to enable them to achieve financial independence.

It directed the women development department secretary to provide every possible assistance for surprise visits to Darul Amans by a team of two amici curiae, deputy prosecutor general and assistant prosecutor general.

The bench also called reports from the district and sessions judges concerned regarding the functioning of the safe houses for women as was earlier ordered.

Besides, it also sought a compliance report about it on one of the previous orders for establishing borstal schools/centres for girls who are victims of forced marriages or intended to continue their study but due to traditions of their families could not do so.

Newspaper: Dawn

CJ SHC takes notice of rape of minor girl

SUKKUR: Chief Justice of Sindh High Court Mr. Justice Ahmed Ali Shaikh has taken suo motu notice of the tragic incident of rape with a three-year-old minor girl at Chhano Shahabad Mohalla, Dadu city. The Chief Justice ordered SSP Dadu, Aijaz Ahmed Shaikh, Deputy Commissioner Dadu, Samiullah Nissar Shaikh, and MS Hyderabad Dr Siddique Pahoor to visit his chamber on 23rd Feb, Monday, along with the report. Dr. Nusrat Buriro, in her preliminary medical report, confirmed the rape, The rape victim was shifted to home on Friday from a Hyderabad hospital.

The girl was admitted to the Civil Hospital, Dadu, in serious condition. As soon as the incident was reported, the police reached the site and arrested alleged rapist Ayaz Panhwar, son of Abbas Panhwar. SSP Dadu Aijaz Ahmed Shaikh and relatives of the victim girl, civil society activists and lawyers had also reached the Civil hospital Dadu when the victim girl was brought for treatment.

Newspaper: The News

Police told to take action on women’s complaint about harassment

KARACHI: The Sindh High Court (SHC) on Monday directed SSPs to ensure that legal action that is not limited to registration of FIRs will be taken in cases of sexual harassment.

The direction came on a woman’s petition against her harassment at the Frere Hall. Tahira Bibi said that some men had used passed abusive comments when she and other women went to the Frere Hall for a walk.

She said that after the police intervened, the men first apologised, but then they continued harassing them directly and indirectly with the help of other men. Her counsel Qadir Hussain Khan said that even though there is a law against harassment, his client was subjected to such behaviour because no action was being taken by the police.

The SHC’s single bench headed by Justice Salahuddin Panhwar observed that the court has already passed an order about women’s protection in public places.

He said the provincial police chief has been directed to tell the court about the mechanisms in place for the purpose and about the actions being taken against those violating the relevant law.

The court said that it may not be practical to deploy police in every street, but proper patrolling can be ensured in public places where women normally walk or gather. The bench directed all the SSPs to submit reports on the protection of women against harassment in public places. It also directed the relevant police officer to ensure deployment of two constables at the Frere Hall. Justice Panhwar said the relevant SSP should ensure that legal action is not limited to the registration of FIR. He added that legal action will be taken against the incharge of the relevant police station if any negligence in initiating legal proceedings is found. The high court directed the Sindh advocate general, the South SSP and others to file their comments on the petition, and adjourned the hearing until December 21.

The News 

SHC seeks monthly reports on functioning of safe houses for women

KARACHI: The Sindh High Court has directed the secretary of the social welfare department to submit progress reports on a monthly basis regarding the establishment and proper functioning of safe houses for women in the province.

The provincial law officer said that safe houses had been established and functioning. However, a single bench of the SHC headed by Justice Salahuddin Panhwar observed that the reports of district and sessions judges had categorically said that safe houses were not functional and no proper mechanism was provided for smooth functioning of such houses though repeated directions had been issued that there must be a nexus among all departments related to women development.

The SHC through a judgement in 2016 in the Rehmat Bibi case had ordered the provincial authorities to set up safe houses and rescue centres for women in the interior of the province, practically for the survivors of karo-kari (honour killing).

Thereafter, the SHC has repeatedly been directing the provincial government to establish safe houses and rescues centres after many couples have been approaching the court from all over the province for their protection after contracting free-will marriages against the consent of their families.

Justice Panhwar further directed the district and sessions judges to pay surprise visits to Darul Amans, Darul Atfal, safe houses and rescue centres across the province and take steps needed for the inmates’ well-being.

Registration of NGOs

The bench was irritated when the secretary of the social welfare department conceded non-maintenance of employees’ record and having no mechanism for the registration of NGOs and supervision of funds by such NGOs. It directed him to take measures to maintain a record of employees and a complete mechanism for supervisory control over NGOs as well as their utilisation of funds.

The court also directed the chairman of the Pakistan Electronic Media Regulatory Authority (Pemra) to ensure compliance with Section 20 of the Pemra Ordinance by asking the TV channels to reserve a specific time to telecast news of public importance.

Earlier, advocate general of Sindh Salman Talibuddin submitted a compliance report before the bench which contended that the chief secretary held meetings and it was decided that the establishment of safe houses would be expanded to all the districts of Sindh to comply with the SHC order in letter and in spirit.

The report further said that the provincial police officer informed the meeting that rescue centres had been established at the taluka level across the province and a compliance report had already been placed before the court while the provincial police chief had agreed to provide security to women police at safe houses.

Since the control of Darul Amans is with the social welfare department and the court’s directive about bringing functions of both safe houses and Darul Amans under one umbrella required compliance on the part of social welfare and women development departments, they were committed to ensuring compliance, it added.

The provincial authorities further maintained that deputy commissioners would be personally visiting safe houses to ensure provision of all required facilities and come up with the reports, adding that chief secretary asked the social welfare department to examine the present status and on the ground position of safe houses and file reports. He also directed the women development department to coordinate with the social welfare department.

The bench was further informed that the Sindh Commission on the Status of Women, constituted on a directive of the SHC, had also scheduled a forum for discussion to guide the establishment and operation of safe houses with district and divisional administration and to formulate a workable mechanism in consultation with other stakeholders for smooth functioning of such safe houses and Darul Amans.

The provincial law officer also informed the bench that the social welfare department secretary would be the focal person to coordinate with all the departments and ensure compliance with orders passed by the court on women’s issues in various petitions.

The secretary contended that he had recently taken over the charge and admitted that no record of employees of the department had properly been maintained and the Orphanage Act 1976 was yet to be complied with as it required the constitution of a board, adding that as per Section 20 of the Pemra Ordinance 2002 the licence condition for every TV channel bound them to telecast news of public importance and required them to reserve five per cent time in their total transmission. He requested the court to issue direction to the Pemra chairman in that regard.

Dawn

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