The secret agencies have produced seven detainees before the Supreme Court
of Pakistan on Monday while SC has ordered to constitute medical board
of top most doctors of Khyber Pahtoonkhaw for medical examining the
health of seven men allegedly held by the intelligence services. Court
has handed over these persons to the Chief Secretary of KPK.
The men appeared frail, weak, unable to talk and unable to walk
properly when they appeared before Chief Justice Iftikhar Mohammad
Chaudhry, more than a year and a half after being allegedly arrested.
The court maintained in its orders that Raja Irshad counsel for
Director General ISI, Director General MI and produced the seven people
before the court, three from Parachinar area of Kurram Agency and four
from lady reading hospital Peshawar.
Raja Irshad stated that court took up the case on February 10 and
ordered to produce them before the court; however Raja stated that the
arrangements were being made to shifting from Para Chinar to Islamabad
but due to bad weather the helicopter was not in position to bring them.
The counsel for agencies said that Chief of Army staff General Ashfaq
Pervaiz Kayani ordered to bring them, adding that three persons which
were in internment centre in Parachinar have been brought along with
four people who were in Lady reading Hospital Peshawar. The court
directed him to file his explanation in writing.
Meanwhile governor Khyber Pakhtoonkhaw Barister Masood pointed out
that these people were in detention for period of 120 days in FC fort
Parachinar and four were in lady reading hospital Peshawar for
treatment.
The chief Secretary KPK submitted their medical reports of missing
persons while court observed that “ we have notice that they are not
healthy person, similarly three persons who have been brought from
internment centre of Parachinar are also require medical treatment.
Court observed that the petitioner has alleged that these all have
been kept in illegal detention and proper food and treatment had not
provided to them, therefore the chief Secretary is directed to
constitute medical board to examine the health of these detainees.
The court ordered to provide them proper food and medical facilities, adding that these would not be shifted to internment centers till the decision of the case.
The court ordered to provide them proper food and medical facilities, adding that these would not be shifted to internment centers till the decision of the case.
The court directed to arrange meetings of their heirs with them today
and in future also. Court directed that Chief Secretary shall submit
the medical report of these seven detainees after every four days, in
the
Court directed that in the meanwhile, the Attorney General for
Pakistan as well as learned counsel for respondents DG ISI, DG MI and
ministry of defence shall procure record to satisfy this Court about
their detention prior to 26.01.2012 and also as to whether they were
proceeded against under any provision of law and if so, what was the
result.
Similarly, Chief Secretary, KPK shall also collect the relevant
record to satisfy this Court that under what circumstances the detenues
were allowed to be admitted in Internment Centre by the Internment
authority/Governor, KPK because such action cannot be taken in a
mechanical manner, but has to be taken through an order passed by
applying judicial mind, as in the Regulations, referred to hereinabove,
there are proformas, required to be filled in, before admitting the
persons in the Internment Centre. Re-list on 01.03.2012.”
The court directed to appoint an officer of SSP rank who would
arrange the meeting of heirs in his presence, adding that the officer
would remain with the heirs during the meeting.
Chief Justice said the detained people are in worst condition of
health and proper treatment should be given to them and governor and
Chief Secretary are responsible for their security as well as treatment.
The counsel for petitioner Tariq Asad, advocate requested the court
to issue order to keep them in CMH Rawalpindi or in PIMS hospital
Islamabad instead of Lady Reading Hospital Peshawar but the court did
not accepted his plea and handed over these persons to Chief Secretary
KPK.
Lawyer Tariq Asad, who represented the detainees, said the court
ordered the ISI and Military Intelligence (MI) to submit details at the
next hearing on March 1 about their detention and under which law they
were held.
“The report will contain details about what happened to them during
their detention over one year and a half and whether any trial took
place,” he said.
It is worth mentioning here that eleven persons, namely (1) Dr Niaz
Ahmad s/o Bashir Ahmad, (2) Muhammad Aamir s/o Muhammad Ashraf, (3)
Mazharul Haq s/o Ghulam Murtaza, (4) Shfiqur Rehman s/o Azizur Rehman,
(5) Abdul Basit, (6) Abdul Saboor, (7)Abdul Majid, Ss/o Syed Zainul
Abideen, (8) Tehseenullah, (9) Muhammad Shafiq s/o Badshah Gul, (10)Said
Arab s/o Azeem Khan, and (11) Gulroze Khan s/ Ali Akbar were acquitted
from different cases by the competent courts of law and before release
detention orders were passed by the DCO Rawalpindi and secretary Home
department which were set aside by the Lahore High Court Rawalpindi
Bench on 28-05-2010.
Later, four of them, namely Muhammad Aamir, Tehseenulla, Said Arab
and Abdussaboor have been killed during confinement and their dead
bodies handed over to their relatives on 15-8-2011, 17-12-2011,
18-122011 and 201. SANA
