HYDERABAD: The Hyderabad circuit bench of the Sindh High Court has issued a show-cause notice to defence secretary over his failure to appear in the court in a missing person’s case.

The division bench comprising Justices Zafar Ahmed Rajput and Amjad Ali Bohio noted that despite the court’s directive the federal secretary did not attend hearing of the case of a ‘missing’ student of Sindh University, who was being held incommunicado for the last four years.

The Hyderabad DIG too did not appear on account of being on leave for four days starting from Aug 27 for personal reasons, said the bench.

The order said the show-cause notice should be issued to the defence secretary, and warned that “adverse inference shall be drawn against him” [should he fails to comply]. The court then adjourned the matter to Sept 12 with a directive to the DIG to be in attendance in the next hearing.

Earlier, the bench had directed the secretary to appear before the court on last Wednesday (Aug 28) in person along with a comprehensive report on the disappearance of the missing student, Sarwaich Nohani. The directive was passed on a petition filed by the student’s brother, Sartaj Nohani, on Nov 11, 2020.

Sarwaich, 24, was allegedly picked up by in-charge of CIA police, Jamshoro, on Nov 9, 2020, said the bench.

The petitioner had cited federal secretaries for interior and defence, director general of ISI, home secretary, DG of Rangers, IGP Sindh, DIG of Hyderabad, SSP and in-charge of CIA Jamshoro as respondents.

He said that his brother was not involved in any criminal activity. In 2015, a fabricated FIR (401/2015) was registered against him at the Kotri police station under Sections 6/7 of Anti-Terrorism Act and 435, 123-A of PPC, he said.

His family was associated with the Sindh United Party (SUP) and had no nexus with any criminal but Jamshoro police was harassing them.

In March 2017, a Rangers official and Jamshoro police confined Sarwaich at an unknown place and later let him go, he said.

He said that on Nov 9, 2020, the in-charge of CIA Centre, Jamshoro, along with some law-enforcers entered the family’s house and whisked away Sarwaich.

He prayed the court to direct the respondents to produce his brother before the court and restrain them from harassing his family.

Sarwaich’s whereabouts had not been known since his disappearance. A joint investigation team was also formed and it filed multiple reports in court but showing no headway on the his recovery, said the petitioner.

Published in Dawn, September 2nd, 2024