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Tell spy agencies to 'behave', SC asks AG

20 March, 2012

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ISLAMABAD: Expressing concern over the increasing number of missing persons and the role of intelligence agencies in that regard, the Supreme Court on Monday directed the attorney general of Pakistan to warn the agencies against illegal detention of people.

The court said that under the constitution of Islamic Republic of Pakistan, it is a fundamental right of every citizen of Pakistan that he shall not be deprived of life and liberty, save in accordance with law. "The state of Pakistan, being guardian of its citizens, is bound to implement the constitutional provisions in letter and spirit, particularly fundamental rights, which are guaranteed by the constitution. It is also an inalienable right of all the citizens that they should be dealt with in accordance with the law, following the mandate of due process of law, as enshrined in the constitution," the court said in its order.

"Through the learned attorney general for Pakistan we communicate to all concerned that if they are required to cause arrest or detention of any person, to be found involved in an offence against the state or nation or in violation of any substantive law, he should be dealt with in accordance with relevant provisions of the law, and no permission can be given for illegal detention of anyone because we have to strictly follow the rule of law and the constitution," the court said.

A three-member bench, headed by Chief Justice of Pakistan Iftikhar Muhammad Chaudhry, took up a case regarding the abduction of a 16-year-old boy, who was supplying food to the families of missing persons at a camp in front of parliament.

At the outset of hearing, Islamabad Police Inspector General (IG) Bani Amin produced before the bench the 16-year-old boy, Umer Muhammad Wali Khan, who went missing on March 10. He also submitted an investigation report in that regard. The IG also stated that the abducted boy had been recovered due to his (IG's) formal and informal efforts.

To a query of the court, he replied that "agencies had abducted the boy" and that he made a request to a counterpart to help trace out the boy. When the court inquired if he had contacted the Punjab Police inspector general for that purpose, the IG stated that he had contacted the Inter-Services Intelligence (ISI). When he was asked to disclose who was involved in the abduction, he replied that he had contacted all the three agencies – the ISI, MI and IB. However, his stand was that as an FIR had been registered and the matter was being investigated, he could not say something about the involvement of any of the agencies at that stage.

"We have pointed out to the Islamabad IG time and again that if any person is involved in any criminal activity against the nation or state, as the case may be, he should be dealt with strictly under the law by getting registered a case against him, and without registration of a case, his detention would be illegal," the court said in its order.

The court also inquired the boy about who had abducted and detained him. The boy stated that he was not in a position to disclose the names of the people who had abducted him. However, he stated that they had been interrogating him for a period of six days.


Reader Comments:

Only one side of coin visible to august courts.

God Almighty has said very clearly that,
" Oh you who believe!
Stand out firmly for justice, as witnesses to God,
even against yourselves, or your parents, or your kin,
and whether it be against rich or poor,
for God can best protect both.
Follow not the cravings of your hearts, lest you swerve,
and if you distort justice or decline to do justice,
verily God is well acquainted with all that you do.
Qur'an 4:135
The Honorable Chief Justice is requested to take cognizance of activities of Jammat ul dawaa against minorities in light of above mentioned Holy verses.

Wanderer, Pakistan - 20 March, 2012

Tell spy agencies to behave but who will tell you to behave when it come over your poor laws

Tell spy agencies to behave BUT who will tell you to behave when your laws are so weaken, allowed such people to escape not one time not two time but dozens of times, with same crime.

Asghar Ali Porik, Pakistan - 20 March, 2012

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