SC again orders production of missing prisoners

RECORDER REPORT

ISLAMABAD: The Supreme Court has redirected the chiefs of ISI and MI and Chief Secretary Khyber Pakhtunkhwa to ensure presence of remaining seven missing prisoners, who were allegedly picked up by spy agencies from outside the Adiyala Jail, on Feb 13 at all costs.

A three-member bench led by Chief Justice of Pakistan Iftikhar Muhammad Chaudhry was hearing a petition, filed by Ms Rohaifa, the mother of three out of seven the prisoners. It also issued notice to the Governor, Khyber Pakhtunkhwa through the Chief Secretary to do the needful.

They were directed to apprise the court after procuring a comprehensive report from the concerned authorities, ascertaining the condition of the persons allegedly detained at an internment centre.

In its order the bench said that Raja Muhammad Irshad, who appeared on behalf of respondents (spy agencies) along with Ch. Muhammad Yaqoob, Joint Secretary and Commander Muhammad Hussain Shahbaz, Director Legal, Ministry of Defence, had been directed to produce all the seven persons before the Court.

Later, the bench in its order said, "Although a reply has been filed, but compliance has not been made. Under the circumstances, we are of the opinion that it is the responsibility of Director General, ISI, Director General, MI and Judge Advocate General, JAG Branch, to comply with the order of the Court in letter and spirit. Non-appearance of their counsel also suggests that reluctance is being shown on producing the detainees before the Court."

The court further said: "in the circumstances, we direct DG ISI, DG MI and JAG branch severally and jointly, as well as the Chief Secretary, Government of Khyber Pakhtunkhwa, who is the head of the Civil Administration over there to ensure the production of these persons before the Court in safe custody without fail on Feb 13."

At the outset of hearing, Raja Muhammad Irshad, the counsel for ISI and MI DGs, the JAG Branch told the bench that four detainees had died, while four others were currently under treatment at Peshawar's Lady Reading Hospital (LRH).

Irshad said that three remaining persons were at a detention facility in Parachinar and that they could not be presented in court.

Expressing its dismay, the court said that it had clearly directed that the missing prisoners should be produced.

The court asked him to inform it about the person who was putting hurdles towards the compliance of its order.

The court directed the counsel for spy agencies to ensure the presence of the missing prisoners. The court also said that it would sit for this case till late into the night on Friday.

When the bench resumed hearing of the case at 5:00 pm, the counsel for intelligence agencies Raja Irshad was not present in the court.

Attorney General for Pakistan stated that at about 3.30 pm, Irshad had informed him that the detenues who were at an internment centre in Parachinar could not be brought as they had to cover a long distance from Parachinar to Islamabad and at the same time, he also said the detenues reportedly admitted in the LRH would be brought with them.

It was stated in the court order that the Advocate General KP was asked to explain that if the statement/information so recorded by them is accepted to be correct - it means that the detenues are in the custody of the Civil Administration because the persons who are in the internment centre, Parachinar cannot be kept over there without the sanction of the competent authority/ Governor KP.

Similarly, the detenues in the LRH are in a civil hospital, therefore, the Civil Administration ought to have inquired about their detention over there. However, Imtiaz Ahmad, DSP City, Peshawar, appeared before the court and stated that he had no knowledge of the admission/ detention of the four above named persons in the LRH.

Tariq Asad, counsel for petitioner said that Defence Secretary had nothing to do with the matter and the main responsible officials were DGs ISI and MI in the case. Therefore, he addid, the court should issue contempt notices to them.

The court, however, rejected his plea and said that their prime objective was the protection of the remaining prisoners. The court was told that four prisoners had met with their heirs at Lady Reading Hospital.