Naval officer’s wife moves SC against agencies

ISLAMABAD: Wife of a commissioned officer of Pakistan Navy knocked at the door of the Supreme Court (SC) requesting the Chief Justice of Pakistan to look into, what she called, inhuman treatment meted out to her spouse by the secret agencies, making him physically and mentally disabled, removing from service even nothing had been proved against him.

Safia Ismail, wife of Sub Lt Hafiz Ehsan Ullah Sajjad, commissioned in the Engineering Branch of Pakistan Navy, requested the Chief Justice of Pakistan to ask the authorities of the defence forces as to whether the secret agencies are above the law so as to treat the young officers as per their whims in such an inhuman and brutal manner wherein an officer had lost every thing, his respect, status, livelihood, physical and mental health and whether Articles 13 and 14 of the Constitution do not provide any protection to members of the armed forces. 

She contended that parents send their children to armed forces to become defenders of the motherland with respect, honour and dignity but they returned them making them physical and mentally disabled. 

She said that Section 337-K of the PPC could not be invoked against the members of intelligence Agencies involved in such inhuman and brutal acts.  Whether the decision of Lahore High Court (LHC) reported in PLD 1974 Lahore 120, that the members of armed forces are to be treated in a much dignified manner, was not applicable to the case in hand. 

She further said if this brutal treatment was meted out to a commissioned officer having 8 years of service possessing BSc Engineering degree with 3.1 GPA from NUST what the fate could be of the poor civilians at the hands of unbridled and unanswerable secret agencies. 

“If these simple questions asked by wife of an aggrieved officer cannot be replied by the authorities of the defence forces, better it is that the Constitution of Islamic Republic of Pakistan be wrapped and law of the land should also be buried”, Safia Ismail submitted.

Narrating her ordeal through her counsel Lt Col (R) Inam-ul-Rahiem, advocate high court, Safia Ismail informed the chief justice that her husband Sub Lt Hafiz Ehsaan Ullah Sajjad, Hafiz-i-Quran got commission in the Engineering Branch of Pakistan Navy. During his service, he efficiently participated in Hifz-i-Quran competitions held abroad especially in Saudi Arabia and Algeria. He also participated in 28th National Hifz Competition and secured first position throughout Pakistan. 

She said that after completing his training at PNS Jauhar, he was posted to PNS Khaiber and since then he had been serving on the same ship i.e. PNS Khaiber.

She said that on the evening of 6th September 2014, her husband was forcibly and illegally taken away by persons in plain clothes from his residence, Central Government Society, Block 10, Gulshan-e-Iqbal, Karachi and thereafter his whereabouts were not known. 

She said that she along with her ailing father ran from pillar to post to know any of his clue but entire chain of command maintained complete silence. Later on, she said it was revealed that her husband had been kept in illegal detention by naval intelligence without any charge sheet or allegations. 

Thereafter, she said a letter was written to Director General Naval Intelligence with a request to have meeting with her husband but it was never replied to and consequently she filed a writ petition in Islamabad High Court and accordingly on 12-06-2015 the court directed the quarters concerned to depute some responsible officer for statement related to the matter on 18-06-2015. 

However no body appeared before the court on the fixed date and Justice Shaukat Aziz Siddiqui took serious note of it and directed the DAG to ensure presence of responsible officer of the department on 24-06-2015. 

Later on, she said on 24-06-2015, Commander Zafar Ullah appeared and gave statement before the court that Lt Ehsaan was with naval authorities in connection with some serious offence and formal court martial proceedings were to be commenced. 

The court then further asked why the wife was not being granted access to her husband, the officer replied that naval authorities were ready to arrange telephonic conversation but the court rejected the view of the officer and held that under Article 10 (A) of the Constitution, fair trial is fundamental right of every citizen, the petitioner be allowed access to her husband along with his father so as to engage a counsel for the officer and directed the authorities to arrange meeting of Lt Ehsaan with his wife and father within a week so as to engage a counsel for him.

In pursuance of the court direction, she said, a meeting was arranged with her husband on 27th June 2015 at some secret detention centre of Navy in Karachi.

She said her husband had gone very weak and could not converse anything with them due to coercive atmosphere created by secret agencies. However, it was revealed that till date no charge sheet had been given to her husband. 

She however, said that the person on duty intimated that nothing had been proved against Lt Ehsan, therefore he could be soon released after clearance of Naval Headquarters. 

Later on, she said they were approached by an officer of Naval Intelligence if they withdrew the writ, her husband would be released. 

Since, the naval authorities had been telling about his release for last one year, so they did not believe and refused to withdraw the writ, Safia said adding that later, they were called on 02-05-2016 to Karachi and she along with her father and father of Lt Ehsaan visited Lt Ehsaan in custody. 

We were shocked that he had lost his memory, his physical condition was so weak that he was unable to stand, Safia revealed adding that they requested that due to his worst condition, he should be immediately admitted to PNS Shifa for psychiatric treatment but in charge of detention centre refused to listen to them and forced them to give them in writing that he was all right and had no problem. 

"On our refusal to give them in writing, we were asked to leave the place," Safia informed the Chief Justice adding that on 04-07-2016, the brother of Lt Ehsaan was called by the personnel of Naval Intelligence and forcibly they got the signature of his brother on already typed papers and handed over Lt Ehsaan to him. 

A discharged letter was also given to him that “Lt. Ehsaan has been removed from service and he is to be relieved of his duties with immediate effect,” Safia said adding that it was not understood which duty he was performing at that point of time when he was in such a worst condition and that too in their custody. 

She contended that with great difficulty he was shifted to Islamabad and now he could not manage himself because of inhuman treatment, continuous torture and due to sleeplessness, he had lost the balance of life. 

Meanwhile, she said he was taken to various psychiatrists, who are of the opinion that his brain has been damaged badly.