The Lahore High Court has rejected the request from the wife of a serving brigadier in the military regarding her husband's recovery, deeming it inadmissible.
Justice Jawad Hasan of the Lahore High Court Rawalpindi Bench wrote in his decision that during the hearing of this case, the Ministry of Defence acknowledged that Brigadier Subhan Akhtar is in military custody, so there is no basis to keep this case in habeas corpus.
The decision stated that the court can only consider a habeas corpus petition when someone is held in unlawful custody. On Tuesday morning, the Lahore High Court Rawalpindi Bench had reserved its decision in this case.
It's worth noting that in a previous hearing of this case, the Lahore High Court had directed the Ministry of Defence to present Brigadier Subhan Akhtar in court on September 26. The court had issued this order during the hearing of a habeas corpus petition filed by his wife, Umaira Saleem.
Brigadier Subhan Akhtar was serving as the Director of Defence Housing Authority in Quetta and, according to the petition filed by his wife, he was taken into custody from Quetta in June last year on the basis of the position he held.