ISLAMABAD: The Supreme Court Wednesday issued notices to the defence secretary, director generals of the ISI and MI, and Khyber Pakhtunkhwa advocate general in a missing personsí petition.
The court accepted a plea to inquire about the deaths of four missing prisoners out of 11, who were allegedly picked up by intelligence agencies from outside Adiala Jail following their release in 2010.
The court sought a reply in this regard from the attorney general (AG) by January 30. A three-member bench, comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Khilji Arif Hussain and Justice Tariq Parvez, was hearing a petition filed by Ruhaifa, the mother of three of the prisoners.
The court issued notices to other respondents, including the defence secretary, ISI and MI director generals, and Khyber Pakhtunkhwa advocate general. During the hearing, the chief justice expressed concern over the death of four missing prisoners and asked the AG that the matter be probed keeping in view its seriousness.
Tariq Asad, counsel for the applicant, submitted that he had a video of the prisoners who were killed using torture. He said the bodies of three missing prisoners were found in hospitals but the last one was recovered from a forest near Peshawar. The AG requested the court to give some time to gather details from the relevant authorities. The court adjourned the hearing till January 30.
In the petition Ruhaifa had stated that four of the 11 prisoners allegedly picked up by intelligence agencies, despite their release by the Lahore High Court, died in their custody. She said her three sons ñ Syed Abdus Saboor, Syed Abdul Basit and Syed Abdul Majid ñ along with eight other people were still in the “unlawful” custody of the agencies.
Muhammad Aamir died on August 15, Tashinullah on December 17 and Said Arab on December 18 last year. Their bodies were handed over to their families at the Lady Reading Hospital, Peshawar.
Ruhaifa’s lawyer requested the court to direct the respondents to submit a report about the deaths of the three prisoners, and the status of the remaining detainees. The petitioner also said the detention of the prisoners was in violation of Articles 4, 10, 10-A and 14 of the Constitution. “The respondents should also be asked to explain if all the prisoners are subject to the Army Act,” Ruhaifa said in the petition.
ISLAMABAD: The top intelligence agencies of the country admitted before the Supreme Court on Thursday that 11 missing inmates of the Adiala Jail were in their custody and were being tried under the Army Act.
Raja Muhammad Irshad, the counsel for the Inter-Services Intelligence (ISI) and Military Intelligence (MI), told a three-member bench of the Supreme Court, headed by Chief Justice Iftikhar Muhammad Chaudhry, that the inmates were high profile terrorists, who carried out terrorist attacks on Army personnel and defence installations. The bench heard the case of 11 missing prisoners of the Adiala Jail.Earlier, on November 24, heads of the spy agencies, including the Inter-Services Intelligence, Intelligence Bureau and Military Intelligence, submitted a reply through Attorney General Maulvi Anwarul Haq with the Registrar Office of the apex court, stating that 11 missing prisoners of the Adiala Jail were not in the custody of these agencies.
Raja Muhammad Irshad further stated that some persons disguised as secret agencies personnel took custody of these 11 persons who were detained at the Adiala Jail after their release from the jail, and took them to the operational areas to further carry out terrorist attacks.
Later, the counsel submitted before the court that the law enforcing agencies, including secret agencies, had launched an operation and arrested more than 20 people, along these 11 persons, and they were interrogated as they had deep links with terrorists in different areas of the country and damaged the property of the country, attacking the Army personnel and defence installations.
The counsel further submitted that these 11 persons were in the custody of secret agencies and law enforcing agencies and were being interrogated in accordance with the law under the Army Act. He contended were no more missing persons but were in custody of local and secret agencies. To a court query, the counsel said they were safe and alive and being court-martialed under the Army Act.
“I am making a clear statement before the court on behalf of these secret agencies and dispel the impression that the Pakistan Army or any of its functionaries, like the ISI, are not amenable to this court,” the counsel submitted, adding that Pakistan Army and ISI and other organisations were subject to the Constitution and hold this court in high esteem.
The counsel further contended that there were certain elements who had vested interests and were creating misunderstandings by giving an impression that the Pakistan Army and the ISI were above the law and had no respect for the court.
He explained that this impression may not be considered at all as they had full respect and were bound to follow orders and judgments of this court. The court directed the learned counsel to submit his written statement in this regard on Friday (today) and adjourned the hearing.
Earlier on December 7, officials of secret agencies had met Attorney General Maulvi Anwarul Haq in his office at the Supreme Court and told him that there was a major breakthrough in the case of missing prisoners. Just after the meeting, the attorney general had filed an application in the Supreme Court, seeking early hearing of the missing prisoners’ case, already fixed for hearing on December 13, stating that a major development had occurred in the case, thus it needed to be heard on urgent basis.
On November 25, the court had questioned the law, which regulated functioning of the secret agencies, besides inquiring under what law these agencies were claiming immunity to be not made respondents in the constitutional petitions.
Referring to a reply submitted by the heads of secret agencies in the Supreme Court through the attorney general that missing inmates of Adiala Jail were not in their custody; agencies could not be made respondents in the constitutional petitions and pleas of missing prisoners’ legal heirs making the agencies as respondents were not maintainable; the court had expressed severe anguish, asking the attorney general to tell under which law, the spy agencies were working and claiming immunity not to be impleaded respondents in any case.
The attorney general, however, had withdrawn the reply that secret agencies had immunity and could not be made respondents in any case, after the court had expressed severe dismay over the reply.
The chief justice had noted that no one was above the law, and the court wanted solution to the matter instead of opening Pandora’s box. On November 12, the court had issued notices to the heads of secret agencies—ISI, MI and IB—seeking their comments over disappearance of Adiala Jail’s inmates.
The chief justice had noted that the court should not be forced to go to the maximum extent as evidence was there about the whereabouts of the missing prisoners. The chief justice had noted that it was stated in the Special Branch’s daily situation report (DSR) presented before the court earlier that these prisoners were picked up by the secret agencies from Adiala Jail.
The prisoners, who went missing from the Adiala Jail after the Lahore High Court (LHC) had ordered their release, include Dr Niaz Ahmed, Mazharul Haq, Shafiqur Rehman, Muhammad Aamir, Abdul Majid, Abdul Basit, Abdul Saboor, Shafique Ahmed, Said Arab, Gul Roze and Tehseenullah.
These prisoners were acquitted by the anti-terrorism court in April this year in four different cases, including rocket firing on the Pakistan Aeronautical Complex, Kamra, rocket firing on the plane of former President Pervez Musharraf, suicide attack on the bus of personnel of an intelligence agency in Rawalpindi and the suicide attack on the main entrance of the military headquarters.
Even after acquittal, these prisoners were detained in the jail by the Punjab Home Department. Later, the LHC set aside their detention orders directing their immediate release and after their alleged disappearance/abduction by the secret agencies, the LHC ordered registration of criminal case against Adiala Jail superintendent Saeedullah and Deputy Superintendent Khalid Bashir. The Adiala Jail authorities had maintained before the LHC that they properly had released the men after getting their written signatures and fulfilling all requirements.
APP adds: A counsel for country’s sensitive agency on Thursday apprised the Supreme Court that eleven missing prisoners of Adyala Jail had been arrested along with a number of terrorists from their hideouts in Army operational areas.
Raja Muhammad Irshad, counsel for Federation, Pakistan Army, Inter-Services Intelligence, Intelligence Bureau, Military Intelligence, told a three-member bench consisting of Chief Justice Iftikhar Muhammad Chaudhry, Justice Ghulam Rabbani and Justice Khalilur Rehman Ramday that after Court’s direction a massive operation was launched and more than 20 terrorists including these eleven people had been arrested in the operational areas.
He said they were in safe and secure hands and would be charged under Army Act. He assured the court that their trial would be held in General Field Court Martial in accordance with law.
Recording his statement on behalf of respondents, he said that the impression should be dispelled that Pakistan Army and its other institutions were above law and the Court. He said negative impression was given by certain elements who had been playing in the hands of those people who were out to secure their vested interests.
He said, “I want to record a statement to dispel the impression that Pakistan Army or any of its organ is above law and defy Court’s orders. They submit themselves before the Constitution and hold the apex court in the highest regard.”
“They appreciate what the Court is doing for the constitutional governance of the country,” he added. He said these institutions were bound to follow order and judgement of this Court.
Giving details of the incident, he said these prisoners soon after their release from the jail voluntarily given themselves in the custody of people who disguised themselves as secret agencies personnel.
From there, they were taken to operational areas as they had close links with a well-knit terrorists organization and were prepared to cause further damage by launching attacks on Army and sensitive installations.
Irshad said that these people were masterminds of terrorists attacks of Hamza Camp, GHQ, Kamra, Juma prayer attack and even involved in an attack on three-star general in Rawalpindi.
Chief Justice Iftikhar Muhammad Chaudhry told Ilyas Aziz Siddiqui, counsel for petitioners, that they were no more missing ones. To counsel’s objection, the Chief Justice told him that he could contact concerned authorities as the counsel had assured the Court that they would be treated according to law.
To Raja Irshad’s remark, the chief justice observed that they had much respect for Army and its organs as they were defending the country, countrymen and frontiers. Justice Ghulam Rabbani said that they knew it very well that forces had laid down their lives for the protection of country.
The chief justice told Raja Irshad to submit his statement before the Court on Friday in written form after which the order would be passed accordingly. The prisoners who went missing from the Adiala Jail after the Lahore High Court (LHC) had ordered their release included: Dr Niaz Ahmed, Mazhar-ul-Haq, Shafiqur Rehman, Muhammad Aamir, Abdul Majid, Abdul Basit, Abdul Saboor, Shafique Ahmed, Said Arab, Gul Roze and Tehseenullah.
The prisoners were acquitted by an Anti-Terrorism Court in April this year in four different cases, including rocket firing on the Pakistan Aeronautical Complex, Kamra, rocket firing on the plane of former president, suicide attack on the bus of personnel of an intelligence agency in Rawalpindi and the suicide attack on the main entrance of the Military Headquarters.
