Procedural issues: Court asks which law allows reliance on foreigner’s affidavit

Govt’s lawyer says affidavits are fabricated, judge asks how he knows.

LAHORE:

The Lahore High Court (LHC) on Wednesday hearing a petition for the release and repatriation of seven Pakistani citizens detained at Bagram jail, Afghanistan, asked the petitioners’ counsel to cite the law enabling the court to entertain affidavits by foreigners.

Justice Nasir Saeed Sheikh asked Advocate Sarah Belal when standing counsel on behalf of the federal government objected to an affidavit signed by an American lawyer Clive Stafford Smith.

Belal had filed a civil miscellaneous application and sought the court’s permission to place on record the affidavits of the relatives of the alleged detainees and the American advocate.

The standing counsel informed the court that the Ministry of Foreign Affairs insisted that the affidavits were fabricated. Justice Sheikh asked how the ministry had come to the conclusion. After the counsel could not give a satisfactory answer, the judge asked the petitioner’s counsel to cite the law under which it could rely on a foreigner’s affidavit. Counsel sought time to reply and the judge adjourned the hearing till July 19.

Sultana Noon, a fellow of UK-based organisation Reprieve in Pakistan, filed the petition. She submitted that seven Pakistanis had been detained at Bagram Theatre Internment Camp in Afghanistan without any charge or trial since 2003. She alleged that they were abducted from Pakistan and detained at the US prison in Afghanistan.

These seven are Awwal Khan, Hamidullah Khan, Abdul Haleem Saifullah, Fazal Karim, Amal Khan, Iftikhar Ahmad and Younas Rehmatullah. The counsel said the seven were being held without access to lawyers and without having been informed of the evidence against them. Some, the petition said, had been abused. One of the prisoners had been seized at the age of 14. Another was not permitted to speak to his family for six years and was believed to be in a grievous, she added.

The prisoners’ families, also present in the court, asked the court to secure their immediate release and to bring criminal charges against the government for violation of Pakistani and international laws.

Advocate Belal alleged that Pakistani authorities had a role in the abduction and extradition of these men.

She prayed the court that the authorities be directed to make representation as required by law on behalf of the abducted citizens and ensure arrangements for their release and repatriation to the country. She further prayed for registration of criminal cases against those involved in their abduction.

An application of the petitioner was also pending adjudication which asked the court to summon the ISI director general alleging the agency had played a role in abduction and extradition of the citizens.

Published in The Express Tribune, June 23^rd, 2011.