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This is an archive article published on May 18, 1999

Pak SC allows kin to see detained Sethi

ISLAMABAD, May 17: Pakistani journalist Najam Sethi today received his first major relief since his arrest ten days ago in a controversia...

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ISLAMABAD, May 17: Pakistani journalist Najam Sethi today received his first major relief since his arrest ten days ago in a controversial manner when the Supreme Court granted permission to his family members and lawyer to him.

A three-member bench of the apex court headed by chief justice-designate Saiduzzaman Siddiqui directed Attorney General (AG) of Pakistan, Choudhary Muhammad Farooq, to facilitate the meeting between Sethi’s wife, children and his lawyer.

Farooq gave an undertaking to the court that he will get in touch with the authorities and arrange for the meeting today itself.

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President of Lahore bar association Khalid Ranjha and leading human rights actvists Asma Jehangir, who appeared on behalf of Sethi’s wife Jugnu Moshin, said the apex court’s response in the case was "quite positive".

The court, however, did not pass any order in the case and postponed the hearing till May 20 as the Chaudhary pleaded before the court that he could not to go through the records of the case and askedfor at least two days to prepare his reply.

Jugnu Mohsin’s wife had last Friday moved to the Supreme Court after the Lahore High Court dismissed her petitions for Sethi’s production before the court and his medical examinations.

The high court had said it has no jurisdiction in the case after the government informed the court that Sethi had been arrested under the army act and is being detained by military intelligence, ISI in connection with investigations for his alleged links with a "hostile intelligence" agency.

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Sethi, the editor of popular weekly "Friday Times" was arrested on May eight from his Lahore residence allegedly for making anti-government comments during a seminar in New Delhi.

But his wife alleges that he is being punished for giving an interview to bbc team, who are making a film on the alleged corruption of prime minister nawaz sharif.

Arguing before the apex court bench, Ranjha challenged the order of the Lahore High Court in the matter saying the question of restrainedjurisdiction does not arise since the law which is being referred in this case has already been struck down in 1976 and does not exist.

"The law under which the Lahore high court abdicated its jurisdiction does not exist," he said.

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His second argument was that ISI is not an organisation of the army as being claimed by the government. Countering the government argument that ISI was being headed by a serving army personnel, he said there are so many civilian organisations in the country which are being headed by serving army personnel like the water and power development authority (WAPDA). "But that does not mean that it has gone outside the purview of the courts," he contended.

Ranjha’s third argument was the case involves the violations of fundamental rights of Sethi as not only he has been detained without any warrant but is yet to be produced before a magistrate even ten days after his arrest.

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