Pakistan

Acquitted of terrorism charges but still under custody

IHC overrules objections against hearing petitions of three Adiala jail detainees.

Obaid Abbasi September 22, 2011

ISLAMABAD:

The Islamabad High Court (IHC) on Wednesday rejected the objection raised by the federation that the petitions of three men, who are being detained in Adiala Jail after being acquitted in terrorism cases, were not maintainable in IHC.

During the course of the hearing, Deputy Attorney General (DAG) Muhammad Abid Raja raised the objection that as the petitioners: Abdul Majid, Abdul Samad and Abdul Basit belong to Rawalpindi, the case does not fall under the jurisdiction of IHC. He said that the petitioners should instead approach Lahore High Court (LHC) Rawalpindi Bench.

Justice Riaz Ahmed Khan of IHC, however, observed that as the “offices of both the Ministry of Defence and Inter service intelligence (ISI) are situated in Islamabad, therefore objection raised by DAG is overruled”. He set the case for proper hearing next week.

The petition was filed with IHC by Mufti Abdul Bias, the brother of one of the detained men, on August 17 challenging the illegal detention of the three men by intelligence agencies.

Earlier, the petitioner’s counsel, Tariq Asad, had maintained that his clients were in illegal detention since April 8, 2010, even after they had been acquitted by the Anti Terrorism Court (ATC) on terrorism charges. The counsel said that after their acquittal, Rawalpindi DCO issued a 30-day detention order for the three men, which was later extended for another 90 days.

The counsel further maintained that Justice Khawaja Imtiaz Ahmed of Lahore High Court (LHC) Rawalpindi Bench set aside their detention orders on May 2010. He said that instead of releasing them, the Superintendent of Adiala Jail Saeedullah Gondal handed them over to personnel of an intelligence agency.

On August 18, the court had summoned Judge Advocate General, Secretary Interior, Director Generals (DGs) of Military Intelligence and Inter-Service Intelligence, Adiala jail superintendent and his deputy to submit their comments.

Published in The Express Tribune, September 22^nd, 2011.