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Sindh High Court on Tuesday asked Advocate General Sindh to satisfy court over detention of Dr Akmal Waheed and Dr Arshad Waheed under Anti Terrorism Act. SHC's division bench comprising Justice Ataur Rehman and Justice Zia Pervez was hearing the amended petition of doctor brothers challenging detention by provincial government.
The home department Sindh on December 2 2004 ordered detention of Dr Akmal Waheed, a cardiac specialist of NICVD and his brother Dr Arshad Waheed, a kidney physician of JMPC, for the period of thirty days under section 11-EEE of ATA for their alleged link with banned Hizbul Tehrir, al Qaeda and Jundullah soon after their release order by Sindh High Court on bail in case in which they are charged with sheltering al Qaeda, Jundullah activists, providing them funds and medical treatment.
Later, the detention was extended to one month more.
Challenging the Sindh home department detention notifications, Dr Fouzia Akmal and Dr Farzana Naz submitted their spouses were illegally detained after release on bail by Sindh High Court under ATA.
When the matter was taken up, petitioners' counsel Ilyas Khan and Mohammad Farooq contended that home department notifications was illegal, ultra vires of Constitution and liable to be struck down.
They argued it pre-requisite for application of section 11-EEE that unless name of person is not included in section 11-EE of ATA, order of detention could not be passed. While in view of sub section 2 of section 11-EE no action has been taken against the detenues.
They mentioned that once the detenues was granted bail it was compulsory to respondents to produce them before concerned Magistrate under section 10 of Constitution mentioning that provision of section 11-EEE are in contradiction and total disregard of Article 10 of the Constitution.
The counsels denied the involvement of doctor brothers with Hizbul Tehrir, al Qaeda and Jundullah arguing that respondents are put to strict proof of the same and inform court about the reasons of their detention.
Advocate General Sindh Anwar Mansoor Khan defended confinement of doctor brothers under ATA saying all this is being done in interest of security of the country and government have sufficient material against doctors for their alleged links with terrorist organisations but it could not be produced before court.
The court fixed the matter for Wednesday and asked Advocate General Sindh to first satisfy court over detention of doctor brothers.

Copyright Pakistan Press International, 2005

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