The Supreme Court of Pakistan terming the report submitted by the intelligence
agencies in missing prisoners case as unsatisfactory has directed the
chief secretary of Khyber Pakhtoonkhwa to continue the submission of
reports about remaining 07 prisoner’s health who have been admitted in
Lady Reading Hospital.
A three-member bench of the Supreme Court comprising Chief Justice
Iftikhar Muhammad Chaudhry, Justice Khilji Arif Hussain and Justice
Tariq Pervez was hearing the constitutional petition file by the late
mother of three detained brothers.
The Chief Justice addressing to counsel of Intelligence agencies
remarked that officials of agencies need to take this out of their mind
that you (ISI and MI) are superior and civilians are inferior.” Which
agency is holding these prisoners, the CJP questioned. We have to see
why four prisoners lost their lives, he remarked.
The court praised KP Chief Secretary Ghulam Dastagir over the report
he submitted to the bench about the circumstances under which the
detainees were allowed to be admitted to the Internment Centre by the
internment authority on January 26, 2012.
According to the report the prisoners were now being protected and
allowed meetings. The report indicated about 35 meetings of these
inmates with their relatives had been held.
Addressing the ISI counsel Raja Irshad, the chief justice said that
the country should be run according to the law and the constitution, ”
If you are the well wishers of the country, we are more well wishers
than you.”
Chief Justice Iftikhar Chaudhry, said that the replies submitted to
the court do not justify under which law the civilians were picked up by
agencies and kept in detention for more than a year, adding that “Who
gave you the right to hound people?”
CJP remarked that you are so insensitive to the human loss that the
families of the missing persons have suffered lately because of you.
This is a big allegation against you and there is a hue and cry
throughout the country that you abduct people and after some days, their
abandoned bodies surface.
Chief Justice observed that after reading your (agencies)
poorly-drafted reply, I thought whether we are thinking against the
country here? As much as you consider yourself loyal to this country,
perhaps we are more loyal than you.
Justice Khilji Arif Hussain said that the 1965 war is evidence that
the people of the country were on the forefront rather than the army to
fight against the enemy.
Justice Khilji said that if a judge is bound not to break a traffic
signal, then why will he allow you to subvert the constitution of the
country.
CJP referring to the agencies and the situation in Balochistan
remarked that you have set Balochistan on fire. We ask you time and
again and you always tell us stories. Are we here to listen to your
stories?. If these people had attacked GHQ, even then it is necessary
for you to produce evidence against them for fair trial. You must go by
the book,” he directed.
The Chief Justice said that the agencies have become insensitive to
the issues and said that if you would continue the same the “war lords”
would found more opportunities against the country.
Irshad, said that the authorities in the secret agencies are
considering this issue seriously as this is a burning issue of this
country.
He said that the foreign elements involved in instilling terrorism in
Balochistan are active and the agencies cannot work with their “eyes
closed” to the issue.
The chief justice remarked saying that whatever the agencies do
should be done within the limits of law as the agencies are not above
the law.
Irshad said that current parliament “does not represent the will of
the people,” upon that Chief Justice said, “It does represent the will
of the people and has also brought the 20thamendment for solving issues.
If you take them in confidence, they will facilitate you as well.
The report had a detailed summary about the prisoners’ health, improvement in their condition and how they are accommodated.
The court also said that the report gives hope that the remaining prisoners will brave their illnesses.
Tariq Asad, the lawyer of missing prisoners, was told by the court to avail the available remedies to release these prisoners.
Tariq Asad, the lawyer of missing prisoners, was told by the court to avail the available remedies to release these prisoners.
The chief justice maintained that as the Khyber-Pakhtunkhwa Governor
Barrister Masood Kosar is well aware of the law, he would not create
hindrances in the case, adding that the court will decide this case at
any cost. Later, the hearing of the case was adjourned till March 16. SANA
