A constitutional petition filed in the Supreme Court (SC) on Friday sought a release order for prisoners who were allegedly handed over to country's premier spy agency and military intelligence soon after their acquittal from Anti Terrorism Court (ATC) Rawalpindi.
Advocate Supreme Court Tariq Asad filed the petition on behalf of the mother of three prisoners, Rohaifa, making Federation, through Secretary Ministry of Defence, Director General ISI, Director General Military Intelligence, Judge Advocate General (JAG) Department and Commanding officer respondents.
The petitioner contended that her three sons - Syed Abdul Saboor, Syed Abdul Basit and Syed Abdul Majid - along with others persons were still in the confinement of the respondents in an unlawful manner. She further alleged that three out of 11 prisoners, picked up by intelligence agencies, died during the confinement. Muhammad Aamir was killed on August 15, 2011, Tashinullah on December 17, 2011 and Said Arab died on December 18, 2011. Their bodies were handed over to the relatives in Lady Reading Hospital, Peshawar, the petitioner alleged.
According to Tariq Asad, ATC acquitted the prisoners from all the charges levelled against them by police on April 8, 2010. However, DCO Rawalpindi issued orders under Maintenance of Public Order (MPO) Ordinance, extending their detention further by 90 days. He pleaded that once the detention orders challenged in the Lahore High Court, the bench set aside the orders and directed the authorities to release all persons. According to him, 11 prisoners were released from Adyala Jail, who were allegedly picked by the agencies.
The petitioner requested the SC to direct the respondents to submit a detailed report before the apex court on the deaths of Muhammad Aamir, Tehsinullah and Said Arab, and the proceedings of trial so far conducted against them and other surviving detainees.
The petitioner argued that the detention of her sons and others was a violation of Article 4, 10, 10-A and 14 of the Constitution. She questioned whether it was right that they should be tried again for the same offence in which they had already been acquitted. Rohaifa submitted that the SC may direct the concerned authorities to produce the entire record pertaining to proceedings and determine in view of the laws of the land whether the deceased were and the surviving detainees are subject to Army Act. She prayed that in the interest of justice and fair play, arrest, detention and proceedings of trials of the detainees under the Army Act may be declared unlawful with a direction to respondents to set the captives at liberty.
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