Seven Adiala inmates can't be held for a second: CJ Iftikhar
23 January, 2013
ISLAMABAD: Chief Justice (CJ) Iftikhar Muhammad Chaudhry Tuesday observed that the intelligence agencies could not detain seven inmates of the Adiala Jail for another second, as no evidence was presented against them.
A three-member bench of the apex court, headed by the chief justice, was hearing the Adiala Jail prisoners' death case. The Supreme Court directed the attorney general to submit a report pertaining to illegal detention of prisoners of Adiala Jail after seeking instructions from the concerned authorities by January 24
The court on Monday had asked the counsel for the Intelligence agencies to resolve the matter of illegal detention of missing inmates of Adiala Jail in the internment centres in Khyber Pakhtunkhwa on Tuesday.
Attorney General Irfan Qadir, while appearing before the court, said that as he was engaged in bar council elections as returning officer, hence he could not contact the concerned authorities on the issue of prisoners of Adiala Jial.
The AG sought one week time from the court to contact the concerned authorities. The court, however, directed him to submit report on the matter by January 24 and adjourned the hearing.
Earlier, during the course of the hearing Chief Justice Iftikhar Muhammad Chaudhry directed the counsel for intelligence agencies Raja Muhammad Irshad to release the held persons if there is no evidence against them.
The CJ observed that the held persons would have been jailed if evidence was found against them, but on the contrary the military and the agencies could not find evidence against them and that is why they were sent to detention centres.
The CJ asked the counsel of the Inter-Services Intelligence (ISI), to produce before the court a copy of the orders that had authorised them to detain the suspects for indefinite period. He further said that apparently the statements of recovering grenade, Kalashnikovs and magazines seem bogus and continued saying that any one found possessing even a knife will be presented in the court.
Raja Muhammad Irshad however, told the court that all the accused were sent to detention centres according to the law. The CJ however, told the counsel that fair trial and fundamental rights clauses should be eliminated and if left to their discretion, there would be no courts in the country.
The counsel submitted that the prisoners were detained in national interest. He submitted that the court should question the detention centres as to why they accepted the detentions of the prisoners.
Meanwhile, the court directed the attorney general to submit a report before it by January 24 after seeking instructions from the concerned authorities over the detention of prisoners of Adiala Jail.