Zakarya Al Sada, brother-in-law of the late Osama bin Laden, on Tuesday filed a petition in the Islamabad High Court (IHC), seeking court's direction to quash the First Information Report (FIR) against her sister Amal, who and her five children are presently in the custody of Federal Investigation Agency's (FIA) for violating immigration laws.
Aamir Khalil, the counsel for Sada, filed the petition under Article 199 of the Constitution of Pakistan, making the Federal Interior Secretary, Defence Secretary, Director General Inter Services Intelligence (ISI) and the state of Pakistan respondents.
The petitioner contended that her sister Amal was detained by the ISI along with her five children - Safiah, Asia, Ibraheem, Zainab and Hussain - after the operation in which OBL was killed by the US SEALS. Zakraya pleaded that he came to Pakistan on November 1 on the assurance held on by the Pakistani authorities through embassy of Yemen in Islamabad to him that his sister and children would be handed over to him on the very next day so he could take them back to Yemen but the Pakistani government's pledge was still to be fulfilled, he added.
In the petition he stated that as a result of Yemen Embassy intervention and good offices of Pakistan he had been able to see to his sister eight times so far. Zakraya added that his sister was being involved in the case with mala fide intentions and ulterior motives, adding that when the matter was brought to the notice of media, the respondents registered a case against her sister to cover up their illegal detention.
He said he was granted a 10-day visa to visit Pakistan. However, he added, at the expiry of visa he applied for extension but the application had not yet been decided, "which proves the malafide intentions of the government." The petitioner further said that he was being pushed out from the country to deprive her sister of his help towards their freedom, adding that he showed concern in the petition that there were possibilities that his sister and her children might not get transparent proceedings in a trial court.
Zakraya said he filed an application before the judicial magistrate Shah Rukh Arjumand for a meeting with her sister but the magistrate adjourned the matter till March 26 without passing any plausible order. He said his sister could not be charged with harbouring a criminal because she was living with her husband in her husband's house. Therefore, the registration of case against her was a sheer violation of fundamental human rights.
The petitioner prayed to quash the FIR against his sister with a release order from the illegal custody. He urged the court to allow as an interim relief his counsel and him to meet Amal for her proper medical treatment. The registrar's office of the IHC put an objection on the petition and placed the matter before Chief Justice Iqbal Hameedur Rahman, who will either remove objection or sustain it in the open court on Wednesday (today).