SC orders agencies to produce missing prisoners by Feb 9
31 January, 2012
ISLAMABAD: The Supreme Court Monday ordered spy agencies to produce missing prisoners in the apex court by February 9 as no excuse would be acceptable. A three-member bench of the apex court, headed by Chief Justice of Pakistan Iftikhar Muhammad Chaudhry, was taking up the petition, filed by mother of three prisoners who had allegedly been picked up by the agencies from outside Adiala Jail shortly they were released on a court order. The counsel for ISI and MI, Raja Irshad argued that the missing prisoners were handed to the Khyber Pakhtunkhwa government, however, out of total 11 prisoners four passed away due to sickness. Four others were admitted to get treated at the Lady Reading Hospital, Peshawar, and the remaining three were in the Parachinar investigation centre, he said. "You are the only responsible for prisoner's recovery as you picked them up and the court has no concern with the provincial government. I directed you to produce them before this court on next haring," warned the Chief Justice. The spy counsel said that prisoners were taken from the Adiala Jail under the army act and it was all legal. "I want to explain here in the court, "he said. The CJP pointed that there is no need of explanation as the constitution is supreme which protects the rights of every individual, adding was the act justifying the assassination of four prisoners. The counsel further argued that direct trial of prisoners in detention was under the supervision of the Judge Advocate General (JAG). The Chief Justice said that the court has to move in accordance with the constitution as the Prime Minister presented himself before the court then no one should reluctant to appear here. The chief justice also said that Raja Irshad, the counsel for intelligence agencies, had earlier told the court that the 11 missing prisoners were under custody of the agencies and that they were being tried under the Army Act. During the last hearing, the CJP had expressed concern over the deaths of four prisoners and told the AG that it was a "very serious and sensitive matter" that needed to be probed. The ISI and the MI had requested the court to borrow of time for the submission of report regarding the death of four prisoners and the counsel of agencies said that the prisoners who were admitted in the Hospital could not present before the court. The Court advised the agencies to arrange the meeting between admitted prisoners with their family members moreover hearing was adjourned till February 9. Ms. Rohaifa, mother of three died in the agencies custody, had alleged that four of the 11 prisoners picked up by intelligence agencies died in their custody. She said that her three sons – Syed Abdul 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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