Court orders inmate’s transfer back to Adiala

Qasim is said to be in custody of sensitive institutions since Feb 21, 2018


Qaiser Sherazi April 18, 2019
Lahore High Court. PHOTO: EXPRESS

RAWALPINDI: The Lahore High Court’s Rawalpindi bench has termed the detention of Muhammad Qasim since February 21, 2018 by sensitive institutions prima facie illegal and ordered that the inmate be transferred back to Adiala Jail.

A division bench, comprising Justice Tariq Abbasi and Justice Raja Shahid Mehmood, on Thursday was hearing cases pertaining to detainment of prisoners by sensitive institutions for questioning.

Expressing resentment over the point of view of Deputy Attorney General (DAG) Raja Abid that “statement against prisoner is being recorded in military court”, Justice Mehmood remarked, “The term of military courts ended on January 6, 2019. Transfer the prisoner to Adiala Jail immediately and submit a report.”

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A reply had been sought from the jail authorities also. The jail authorities replied that sensitive institutions personnel had taken the prisoner from the jail.

The bench also rejected the statement of the DAG over the arrest of engineer Shahid Shehzad from Lahore in 2011 that “the accused had gone to Afghanistan for Jihad” and sent the case to a special bench, comprising Justice Manzoor Ahmad Malik and Justice Ijazul Ahsan, formed by the Supreme Court to hear the cases of 70 missing persons.

The chief justice constituted the special bench for the missing persons, who according to the missing persons’ commission’s decision were in the custody of sensitive institutions, but the sensitive institutions continue to deny it.

Thrice, the missing persons’ commission had termed that Shahid Shehzad was in the custody of sensitive institutions and had ordered his recovery.

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The other day when the division bench heard both the cases, Advocate Inamul Rahim observed that Shahid Shehzad was selected by a French university for education. He was arrested while leaving the university.

The court’s commission thrice ordered his release but the directions were not followed. Release orders should be issued, the lawyer pleaded.

The DAG said a special bench had been formed in the Supreme Court for those people whom the court’s missing persons’ commission had ordered to be released.

“This case should also be sent to that special bench,” the DAG appealed.

On the agreement of the parties, the court transferred the case to the Supreme Court.

Qasim’s lawyer stated that his client had been taken illegally. Jail authorities had also confirmed that in their statement, he added. He pleaded the court to have Qasim transferred back to the jail.

The court issued orders for the transfer of the prisoner back to Adiala Jail.

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