Seven missing prisoners produced before Supreme Court

In pursuance of the Supreme Court order, the spy agencies on Monday produced seven missing prisoners before the court, picked up by them after they were released from Adiala Jail Rawalpindi in 2010.
A three-member SC bench of Chief Justice Iftikhar Muhammad Chaudhry and comprised Justice Khilji Arif Hussain and Justice Tariq Parvez was hearing a constitutional petition filed by Ms Rohaifa through her counsel Tariq Asad making Federal government through secretary defence and others as respondents.
Raja Muhammad Irshad, counsel for spy agencies produced the detainees including Mazhar-ul-Haq, Shafiq-ur-Rehman, Muhammad Shafiq, Dr Niaz Ahmed, Abdul Majeed, Gulroze and Abdul Basit. First three persons, according to Raja Irshad, were brought from Internment Center, Para Chinar, Kurram Agency, Khyber Pakhtunkhwa, whereas the other four persons were brought from Lady Reading Hospital, Peshawar.
The court directed Attorney General Maulvi Anwarul Haq and Raja Irshad, counsel for DG ISI and MI, to procure record to satisfy it (court) about their detention prior to January 26, 2012 and also as to whether they were proceeded against under any provision of law and if so, what was the result.
The court also ordered Chief Secretary, KP Ghulam Dastagir to collect the relevant record to satisfy it (court) that under what circumstances the detainees were allowed to be admitted in Internment Centre by the Internment authority/ Governor, KP because such action could not be taken in a mechanical manner, but through an order passed by applying judicial mind, as according to the regulations, there were proformas, required to be filled in, before admitting the persons in the Internment Centre.
During the hearing, the court expressing dismay over Raja Irshad, asked him as to why his clients had not produced the prisoners before the bench on last date of hearing.
"Keep it in your mind that the court will not run according to your wishes," the CJP observed.
He further said that despite the court's judicial timing was over; the bench had to sit down to hear the case but prisoners were not produced on last hearing.
He also directed him to give his explanation over the matter in writing. The Chief Justice also questioned as to who would be answerable about the deaths of four prisoners under custody.
The counsel for spy agencies stated that on February 10, 2012, when the case was taken up, arrangements were being made for shifting the detainees from Para Chinar to Islamabad, but on account of poor visibility, the shifting was a bit late.
He apprised the bench that due to snowfall the helicopter service was not operative but later, the helicopter was able to operate in the said vicinity and hence they were brought to Islamabad along with four persons - admitted in Lady Reading Hospital, Peshawar, but in the meantime the court proceedings had come to an end on last hearing.
The court however directed him to put up this explanation in writing. Ghulam Dastagir, who appeared on behalf of Internment authority/ Governor, KP, pointed out that these detainees were in custody from January 26, 2012 and were kept in FC Fort, Para Chinar, Kurram Agency, KP, which was a notified Internment Centre.
To a court query, Raja Irshad informed that the detainees were brought from the hospital, where they were under treatment. He also submitted reports in this regard.
After examining the reports, the bench noticed that the detainees health was deteriorating and three persons who were brought from Internment Centre, Para Chinar also required to be examined by the medical authorities, as it had been alleged by the petitioner's counsel that all the seven persons had been kept in illegal detention and were not provided proper food and medical treatment.
But the Chief Secretary KP, undertook that these persons will also be admitted in the hospital and a medical board will be constituted to examine their health conditions.
Besides proper medical treatment as well as provision of food would be ensured and they will not be shifted to Internment Centre, Para Chinar as long as the matter was pending before the court.
He also undertook to arrange meetings of the detainees' attendants/heirs in accordance with rules and regulations, subject to their security and safety.
The bench in its order noted that "on last hearing, it directed the Chief Secretary, KP, to submit as to whether an Oversight Board had been constituted in terms of Article 14 of the Actions (in Aid of Civil Power) Regulation, 2011 and he placed on record a notification of August12, 2011.
The bench also noted that the Chief Secretary may ask the Board to examine their cases in terms of Article 14 of the Actions (in Aid of Civil Power) Regulation, 2011.
The court directed the Secretary to submit his reports about health and general conditions of all the seven detainees after every four days to the SC Registrar for the court perusal in chambers and adjourned the hearing till March 1.