Adiala missing inmates: ISI, MI not superior to civilians, says SC

Published: March 1, 2012

SC shows dissatisfaction over replies submitted by ISI, MI to the court. PHOTO: AFP/FILE

ISLAMABAD: The displeased Supreme Court gave out a stern message to Inter-Services Intelligence and Military Intelligence on Thursday: “You need to take this out of your mind that you [ISI and MI] are superior and others [civilians] are inferior.”

Counsel of ISI and MI Raja Irshad was reprimanded as the apex court of the country remained unsatisfied with the replies submitted to the court today by the agencies in the Adiala missing prisoners’ case.

Headed by Chief Justice Iftikhar Muhammad Chaudhry, the three-member bench 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. “Who gave you the right to hound people?” questioned the chief justice.

“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 [ISI and MI] – there is a hue and cry throughout the country that you abduct people and after some days, their abandoned bodies surface,” said Chief Justice Chaudhry.

“After reading your 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,” the chief justice observed.  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.

“If a judge is bound not to break a traffic signal, then why will he allow you to subvert the constitution of the country,” Justice Khilji said.

“You’re an arsonist. You have set Balochistan on fire,” said Chaudhry while referring to the agencies and the situation in Balochistan. “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,” Justice Chaudhry directed.

The chief justice said that the agencies have become “insensitive” to the issues and referred them as the “biggest violators” of the country’s law and order.

Irshad, in the agencies’ defense said that the authorities in the ISI and MI 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,” on which the Chief Justice Chaudhry differed and 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 court, however, expressed satisfaction over the report submitted by the Khyber-Pakhtunkhwa chief secretary about the health condition of the prisoners.

The report had a detailed summary about the prisoners’ health, improvement in their condition and how they are accommodated. The court said that its message should be conveyed to the chief secretary that the court was happy to see that all the questions sought in the previous hearing were answered in the report.

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.

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, and added that the court will decide this case at any cost.

The hearing has been adjourned for 14 days.

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Reader Comments (47)

  • sharjeel khan
    Mar 1, 2012 - 12:41PM

    Good that security agencies being held accountable,but why doesn’t the supreme court show this same entusiasm towards the killers of hundreds of non-baloch settlers in balochistan? why there is no concern over their deaths? the doctors,barbers,teachers,laborers were also humans,were also pakistanis,but there is no talkshow for them,no suo moto over their deliberate racist murders.

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  • Beatle
    Mar 1, 2012 - 12:41PM

    If ISI and MI are not superior to civilians, then so are you, honourable SC.

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  • saima bawany
    Mar 1, 2012 - 12:44PM

    Maybe the courts should start actually convicting terrorists and stop letting them go free one after another.If the legal system worked and terrorists were put behind bars instead of being set free,maybe the situation would not have reached here.

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  • Mar 1, 2012 - 12:44PM

    CJ and Supreme court keeps on hibernating and gives a statement after a month

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  • Mard-e-Haq
    Mar 1, 2012 - 12:46PM

    I am amazed that it takes a Supreme Court to establish this fact. Says much of the judicial state of affairs in the country.

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  • Nomi
    Mar 1, 2012 - 12:59PM

    I don’t understand people who say that why not talk about the settlers. Imagine a similar scenario where some innocent non muslims are killed, the immediate reaction from the majority of Pakistanis would be that it is in reaction to what US troops did in Iraq etc.bla bla bla. Why not the same criterion for the baloch rebels. These killings could also be a reaction to what Punjab did in balochistan.

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  • well-wisher
    Mar 1, 2012 - 1:01PM

    Kudos to Pak Supreme Court for taking on the supreme agency with some damning observations. Time has come to try some guilty official which would act as a deterent and stop extra-judicial killings in future.

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  • Yes
    Mar 1, 2012 - 1:05PM

    Why not a suo moto for gilgit killings??

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  • Ammar
    Mar 1, 2012 - 1:11PM

    It’s a positive indicator from judiciary as it is important to dilute the perception that judiciary is in classical unholy alliance with the establishment.

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  • Foreign hands!!
    Mar 1, 2012 - 1:12PM

    Everyone in Pakistan loves to blame a foreign hand! How convenient!
    ISI seems to be having a bad time these days.

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  • Lord
    Mar 1, 2012 - 1:24PM

    Good Job CJ but you take notice of matters which are famous in public lets take the case of waheeda shah.Isn’t it a small issue of sectarian genocide which is going on claiming hundreds of life each year. Please take notice of it.Please.

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  • A J Khan
    Mar 1, 2012 - 1:27PM

    Terrorists human rights are gaurded by Supreme court. Who is responsible for the Human Rights of the INNOCENT people of Pakistan.

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  • Anil
    Mar 1, 2012 - 1:48PM

    Mr CJ Sahib, please just answer one question, in 4 years how many terrorists have you convicted?? The answer is Zero, you have taken suo moto notice of the appointment of “Chaprassi”, but not of any killings at the hands of there murderers……..

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  • Mr T
    Mar 1, 2012 - 2:11PM

    Bravo CJ
    That is what we need. Break from the shackles of the ISI and MI who have wreaked havoc in our country. We must gather guts to stand upto them.

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  • Aristo
    Mar 1, 2012 - 2:15PM

    Great going Honorable CJ, we are with you on this. Agencies or boots are not above the law. You have hit the nail on its head. This is the root cause of all the problems, if this issue is addressed for once and all, major destructive forces in Pakistan will die down their own death.

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  • SalSal
    Mar 1, 2012 - 2:20PM

    LOL wow such brave replies by the SC. though I’m a big fan and supporter of ISI and have sympathies with them regardin how the court always sets the terrorists free. In Pakistans history no terrorist has ever been punished they all were set free by the court after been handed over by the agencies. Still, good job Sc

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  • shams
    Mar 1, 2012 - 2:57PM

    Respected CJ:
    Do you know the killing of thousand innocent people in Karachi, and Being CJ of pakistan what you have done for that,, You know that the Lawyers were burnt and the citizen were kidnaped,but you were silent and After hearing for a month you are unable to punish the culprit.

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  • Munda Baloch
    Mar 1, 2012 - 3:26PM

    Reality bites, well done SC !!

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  • Zubair
    Mar 1, 2012 - 3:35PM

    @A J Khan, @ Anil
    That is not the right way to convict the terrorist. You should kill him in front of public, but you should not keep in abduction. You do not have any right to brand any person a terrorist until it is proven. A person is innocent till proven guilty. They have not been even tried. They are missing persons whose whereabouts were not known till late. Alleged Terrorist should be held in prison and even executed (but not the way this case has been handled!!) a mother did not know where her three sons are for the last two years. Bravo and kudos to SC (and CJ) for highlighting the extra-judicial killings

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  • jawad
    Mar 1, 2012 - 3:38PM

    So how about punishing some terrorists, CJ? We don’t see any punishments being handed around. Why?

    Just 2 days ago 19 people were killed in Gilgit.

    Where is the justice for them, oh great Chief “Justice” ?

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  • Omar Mohsin Khan
    Mar 1, 2012 - 3:49PM

    This is a great message to the Agencies. Its time that they abide the law or face extinction. Those people arguing that SC has not been able to convict terrorists is solely because the agencies have not been able to bring sufficient proofs instead busy in manslaughter and shameful crimes against humanity. They have been the breeding grounds of terrorism in Pakistan. So well Done SC!!!

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  • Amin
    Mar 1, 2012 - 3:54PM

    Nothing will change, this is just noora-kushti, actual officers in charge are never called or charged, current cases are only to show people that SC can also put ISI/MI on trial.

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  • sadaqat
    Mar 1, 2012 - 3:55PM

    Well done SC, keep it up… lots being said that SC has not convicted any terrorist and put them behind the bars; Well Court does not take decisions on his linking or unliking, they have to take the decisoon on the evidences provided to them by Investigators. need of the hour is that agencies stop killings above the law and provide evidence to court so that they can take action accordingly.

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  • Khan
    Mar 1, 2012 - 4:03PM

    To all those who are blaming SC for letting criminals set free
    Please have some knowledge about how system works .. The job of security agencies and forces is to capture criminals .. The job of a Judge is to punish them according to the law. The Law itself comes from the elected representatives of the nation .. If our courts are unable to punish criminals then instead of killing people including innocents and taking law in to its hand .. these same agencies and its infamous chief can ask Law makers to pass strict laws so that courts can give proper punishments. That is the correct way of dealing with these sort of situation.

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  • Zavia
    Mar 1, 2012 - 4:04PM

    “You need to take this out of your mind that you [ISI and MI] are superior and others [civilians] are inferior.”

    HATS OFF to you Sir.

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  • Very I
    Mar 1, 2012 - 4:40PM

    Hyper-hype. Read my lips: Nothin’s gonna happen.

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  • Z.Khan
    Mar 1, 2012 - 4:48PM

    One can call it timely rejoinder to agencies as has been reported by EK. However one sad part all this has been listened by counsels of ISI and MI. None involved directly was present to listen the displeasure of SC. Time has come for ISI, MI and IB to change their deaf and dumb behaviour to the sayings of the court. Recommend

  • Truth Teller
    Mar 1, 2012 - 5:00PM

    Fantastic Job! Put them in the RIGHT PLACE! They do not OWN Pakistan.

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  • jamil
    Mar 1, 2012 - 5:17PM

    These prisoners are not innocent,They planned to target army chief’s residence,,But caught red handed by Police on a checkpost in Rawalpindi..Later the rawalpindi court judge released them without taking in to account of their terrorism back ground,,What a pity for a Pakistan national that the judges sitting in the courts are not enough educated and aware, which person’s abilities are beneficial to the society,,Such a sad State for Judiciary in PakistanRecommend

  • Umer
    Mar 1, 2012 - 5:47PM

    Adiala missing inmates: ISI, MI not
    superior to civilians, says SC

    White wash. Where is the punishment handed out to the perpetrators? So much for Azad Adliyya.

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  • Sara
    Mar 1, 2012 - 5:51PM

    @ CJ, sir are our politicians,police and civil bureaucracy above the law ? why your eyes are closed when some POLITICIAN or POLICEMAN abused anyone. You only take actions on marketed issues rest is meanless to you.Your team is also not superior to any civilian, your judges make decisions in favour of those who have given max. bribe. Please open your eyes children of forefathers are still waiting for justice , just hammering your own defenders would never serve the purpose.

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  • Nadeem
    Mar 1, 2012 - 5:55PM

    Pakistan has turned a corner, Alhamdolillah. A judge openly holds the dreaded military intelligence agencies responsible for a large part of our national miseries. This used to be unthinkable. The khakis need to be told in no uncertain terms that we the People decide what is in our national interest, and not them. We decide how to best integrate Balochistan into the Federation, and not them. We decide the policies for India, Afghanistan, Iran, USA and all other countries, and not them.

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  • nazish
    Mar 1, 2012 - 6:24PM

    Good Job CJ…no one is above law….hates off to you and your bravery

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  • samina
    Mar 1, 2012 - 6:54PM

    A travesty of a court

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  • anonymous
    Mar 1, 2012 - 6:55PM

    SC and political jerks are making enemies win. Which country goes after its protectors and loyalists to their country? No wonder Pakistan is most corrupted Recommend

  • Raj - USA
    Mar 1, 2012 - 7:20PM

    Irshad said that current parliament “does not represent the will of the people,”

    This sums it all. No institution in Pakistan has respect for the other. They may have a fear. Each institution considers itself as the highest authority and cannot be questioned.

    Regarding Baluchistan issue, Punjab can make a good start and create goodwill by giving back to Baluchistan Province the territory it forcefully annexed to Punjab Province. The targeting of Punjabi’s in Baluchistan is a result of Baloch feeling that their land has been forcefully taken away from them by Punjab.

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  • Rajendra Kalkhande
    Mar 1, 2012 - 7:38PM

    I can see the roots of democracy gaining strength in Pakistan. Democratic governments are most sensitive to national needs. Hope this trend continues and Pakistan is able to address all her problems one by one. A truly democratic Pakistan is in India’s interest also. ISI and MI are for the country and not other way round. Every institution has to work withing constitution. Army and ISI are not above law.

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  • s shah
    Mar 1, 2012 - 7:48PM

    BRAVO CJ. Not usually a fan of yours, but this time: WELL DONE!

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  • Patriot
    Mar 1, 2012 - 8:27PM

    @Anil:
    As many as your securities agences have arrested and presented in court with enough evidence to convict them!

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  • Mar 1, 2012 - 8:28PM

    strong text We the lawyers of Pakistan are of the opinion to take much sevear action if it can be. However the C.J is reluctant to solve the problems existing in the lower Judiciary. We the lawyers enduring the lower judiciary as it can not be cured. C.J is not promoting those lawyers who can be beneficial to the judicial system. ADVOCATE MOAZZAM IQBAL

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  • butt jee
    Mar 1, 2012 - 8:35PM

    @sharjeel khan:
    After so much grilling of ISI, we should let the judges manage the security of the country. Good luck to all those who are facing the wrath of the terrorists.

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  • Babloo
    Mar 1, 2012 - 8:49PM

    The agencies rule with impunity and treat the courts with disdain and contempt , I am glad that SC acknowledged that.

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  • Hafeez
    Mar 1, 2012 - 9:32PM

    @jawad:
    You really need to understand that there is a difference between judiciary and law enforcement agencies. It’s the job of these fat agencies and police to apprehend the criminals.

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  • Sandip Khanna
    Mar 1, 2012 - 11:21PM

    I am amazed at the audacity of the counsel for the agencies. How he has the gall to say that the current parliament does not represent the will of the people is beyond me? If this is not sedition then what is?
    Also it is indicative of the mindset of the people in the establishment. No wonder that every effort has been made to undermine the government at each stage of it’s existence to keep it off balance and ensure a state of constant turmoil within the country. And with the single aim of keeping institutional hold on power.

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  • Mehran
    Mar 2, 2012 - 3:04AM

    Int his land of pure, this news brings a wave of fresh air. Keep it up CJ.

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  • jawad
    Mar 2, 2012 - 5:11PM

    @Hafeez,

    And it is the job of the judiciary to punish those criminals, not to acquit them out of fear.

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  • Akhtar
    Mar 3, 2012 - 8:02AM

    Great job CJ sahab

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