Missing prisoners case: Spy agencies engage counsel for SC
30 January, 2012
ISLAMABAD: Top spy agencies of the country have once again engaged Raja Irshad as a counsel to represent them in the Supreme Court today (Monday) regarding the deaths of four missing prisoners, who had allegedly been picked up by them from outside Adiala Jail following their release in 2010. A three-member bench of the apex court, headed by Chief Justice of Pakistan Iftikhar Muhammad Chaudhry is taking up the petition, filed by Rohaifa, the mother of three of the prisons today (Monday). During the last hearing, the court issued notices to defence secretary, ISI and MI directors general, the Judge Advocate General (JAG) Department and Khyber Pakhtunkhwa advocate general in the case. Taking to our sources, Raja Irshad has confirmed that he would represent the ISI and MI officials and JAG in the Supreme Court. He said that he would tell the court about the facts in the case. The counsel said that he had already represented the spy agencies in this case and had informed the court on December 9, 2010 that these 11 missing prisoners were in their custody and were being tried under the Army Act. Irshad hoped that the court would again accept their point of view over the death of four missing prisoners. Refusing to elaborate on the stance, which would be taken by him in the court on the matter, he said that it would be better to argue the case in the court. During the last hearing, the CJP had expressed concern over the deaths of four prisoners and told the AG it was a "very serious and sensitive matter" that needed be probed. The chief justice also said that Raja Irshad, the counsel for intelligence agencies, had told the court that the 11 missing prisoners were under custody of the agencies and that they were being tried under the Army Act. The petitioner had alleged that four of the 11 prisoners picked up by intelligence agencies died in their custody. She said that her three sons – Syed Abdu Saboor, Syed Abdul Basit and Syed Abdul Majid – along with five other people were still in "unlawful" custody of the agencies. Muhammad Aamir died on August 15, Tashinullah on December 17 and Said Arab died on December 18 last year. Their bodies were handed over to their families at the Lady Reading Hospital, Peshawar. Rohaifa's lawyer requested the court to direct the respondents to submit a report about the deaths of the three prisoners, and status of the remaining detainees. A disgusted Rohaifa had said that the respondents might be "directed to kill her sons, if courts cannot provide relief to me ...at least I will then be able bury my sons". The petitioner also said detention of the prisoners was 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," Rohaifa said. On April 8, 2010, Rawalpindi's anti-terrorism court acquitted the 11 prisoners of the charges framed against them by police. The day the prisoners were released from Adiala Jail, they were allegedly taken into custody by intelligence. End.
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