Detained in Fata: IHC dismisses petition seeking recovery of three men
They are being tried by army, we cannot grant relief, says the court.
ISLAMABAD:
The Islamabad High Court (IHC) on Thursday set aside a petition that had challenged the detention of three brothers, who are presently facing trial by the Field General Court Martial. The men are under the detention of the security agencies for allegedly being involved in terrorism activities.
Justice Riaz Ahmed Khan of the IHC dismissed the petition of Mufti Abdul Bias in which he had stated that his brothers were being illegally detained as they had been acquitted by the court last year. The men had been absolved of the charges of being involved in the attacks on General Headquarters (GHQ) and Hamza Camp in November 2007.
In its verdict the court observed that the Supreme Court (SC) had already dealt with the matter. “This matter has already been dealt with by the SC and this court cannot grant relief as well,” Khan added.
“In view of the aforementioned SC judgment, in which representatives of intelligence agencies stated that the men were in their custody, facing trial through Army Act, it cannot be said that the detention is illegal. Therefore writ petition of habeas corpus cannot be issued,” Justice Khan stated in his verdict.
The court observed that other articles of the detainees will be dealt with in accordance with the Army Act. The Deputy Attorney General (DAG) has assured the court that all detainees will be dealt in accordance with law.
On October 4, representatives of intelligence agencies informed the court that the three men who are facing court martial proceedings are being detained in the Federally Administered Tribal Areas (Fata), where they were being interned under Fata Regulations Action in Aid of Civil Powers-2011.
Earlier this week, the court had reserved its judgment after the lawyer representing the petitioners concluded his arguments.
The three brothers were acquitted along with eight others by a trial court in four terrorism cases including GHQ and Hamza Camps attacks. Inamur Rahim representing the petitioners was of the view that Justice Khawaja Imtiaz Ahmed of Lahore High Court Rawalpindi bench had set aside their detention orders on May 2010. He said that instead of releasing them, Adiala Jail Superintendent had handed them over to the intelligence agency personnel.
Published in The Express Tribune, October 14th, 2011.
The Islamabad High Court (IHC) on Thursday set aside a petition that had challenged the detention of three brothers, who are presently facing trial by the Field General Court Martial. The men are under the detention of the security agencies for allegedly being involved in terrorism activities.
Justice Riaz Ahmed Khan of the IHC dismissed the petition of Mufti Abdul Bias in which he had stated that his brothers were being illegally detained as they had been acquitted by the court last year. The men had been absolved of the charges of being involved in the attacks on General Headquarters (GHQ) and Hamza Camp in November 2007.
In its verdict the court observed that the Supreme Court (SC) had already dealt with the matter. “This matter has already been dealt with by the SC and this court cannot grant relief as well,” Khan added.
“In view of the aforementioned SC judgment, in which representatives of intelligence agencies stated that the men were in their custody, facing trial through Army Act, it cannot be said that the detention is illegal. Therefore writ petition of habeas corpus cannot be issued,” Justice Khan stated in his verdict.
The court observed that other articles of the detainees will be dealt with in accordance with the Army Act. The Deputy Attorney General (DAG) has assured the court that all detainees will be dealt in accordance with law.
On October 4, representatives of intelligence agencies informed the court that the three men who are facing court martial proceedings are being detained in the Federally Administered Tribal Areas (Fata), where they were being interned under Fata Regulations Action in Aid of Civil Powers-2011.
Earlier this week, the court had reserved its judgment after the lawyer representing the petitioners concluded his arguments.
The three brothers were acquitted along with eight others by a trial court in four terrorism cases including GHQ and Hamza Camps attacks. Inamur Rahim representing the petitioners was of the view that Justice Khawaja Imtiaz Ahmed of Lahore High Court Rawalpindi bench had set aside their detention orders on May 2010. He said that instead of releasing them, Adiala Jail Superintendent had handed them over to the intelligence agency personnel.
Published in The Express Tribune, October 14th, 2011.