Adiala missing prisoners: Produce the seven men on Feb 13, says SC

Published: February 10, 2012
After a day’s unsuccessful wait, the Supreme Court has ordered that the seven prisoners who went missing from Adiala Jail must be presented in person on February 13. PHOTO: AFP/FILE

After a day’s unsuccessful wait, the Supreme Court has ordered that the seven prisoners who went missing from Adiala Jail must be presented in person on February 13. PHOTO: AFP/FILE

ISLAMABAD: After a day’s unsuccessful wait, the Supreme Court has ordered that the seven prisoners who went missing from Adiala Jail must be presented in person on February 13.

“Our order has not been complied with. The missing prisoners are in custody of the intelligence agencies,” Chief Justice Iftikhar Muhammad Chaudhry said in Friday’s hearing. “Right now, we want to see the surviving prisoners. Later, we will investigate the circumstances in which the four deceased prisoners died and also fix responsibility.”

The court also summoned the defence secretary and Khyber-Pakhtunkhwa chief secretary in person at the next date of hearing. The Khyber-Pakhtunkhwa governor was directed to present a report through the provincial chief secretary on the condition of the prisoners who are hospitalised in Peshawar and Parachinar.

The court also ordered the chiefs of Inter-Services Intelligence and Military Intelligence agencies and the defence secretary to produce the surviving prisoners safely before the court and file a compliance report with the Registrar Office.

Hearing was then adjourned till February 13.

Earlier on Friday, the court had told the ISI and MI chiefs’ counsel that the bench will wait till 7pm in the court until the missing prisoners are brought before the court.

The court had earlier directed the counsel of ISI and MI chiefs Raja Irshad that the missing prisoners be presented before the court after Irshad told the court that four out of 11 prisoners picked up from Adiala Jail, Rawalpindi, had died in custody, but of “natural causes”.

Resuming the hearing on Friday, Chief Justice Iftikhar Muhammad Chaudhry questioned Irshad, “Which authority considers itself above the law and is intervening in court’s matter.” The chief justice asked Irshad why court’s orders were not followed properly.

Irshad told the court that the prisoners were in poor health condition and that they could not be presented before the court. Justice Arif Khilji responded saying that if the patients should have been brought to the court even if they were to be brought on a “stretcher”.

In his defense, Irshad presented a letter to the court which entailed the details of the prisoners’ medical condition and stated that currently, they could not be moved out of the hospital.

The chief justice remarked that if the prime minister of Pakistan could be summoned to the court for not complying to its orders, then it does not leave room for anyone else to not obey court’s orders.

“Bring them [the patients] in helicopters, if they cannot be brought in cars,” said the chief justice.

The bench also asked the counsel of ISI and MI that why the patients were admitted in hospitals located outside Islamabad when there are “enough hospitals in Islamabad as well.”

The court said that an investigation could also be initiated against ISI and MI under Article 9 of the Constitution for not following the court’s orders. “This is a violation of fundamental rights of an individual. We have to determine the reason of the deaths,” said Chief Justice Chaudhry.

Justice Tariq Parvez observed that the whole world felt the gravity of the case and said that institutions in Pakistan “have done nothing about it so far.”

The civilians had been facing a court martial under the Army Act on charges of attacking the General Headquarters (GHQ) and ISI’s Hamza Camp base.

They were picked up from Adiala Jail by intelligence agencies after they had been acquitted of the charges by the court.

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Reader Comments (29)

  • Umar
    Feb 10, 2012 - 2:10PM

    WoW. gud 2 c it. if they fail to present, hope CJ will issue contempt notice to DG ISI and DG MI, today.


  • ishtiaer hussain
    Feb 10, 2012 - 2:22PM

    To satisfy their egos, judges in the SC want to set the dangerous terrorists free so that they can again start killing innocent peoples. These terrorists attacked GHQ, Hamza Camp of ISI etc which are the very symbols of our country’s security. PakArmy shoud be criticized where it is due. But interferring with their anti-terror activities will only embolden terrorists.


  • Feb 10, 2012 - 2:44PM

    This case will a test case for SC,


  • Z.Khan
    Feb 10, 2012 - 2:50PM

    Reading of report indicates some miraculous happening in the country. Let us wait till 19.00 hours. Power of which institution prevails will be clear by that time. If court gets it really implemented it will be a big break through in the justice system of Pakistan.


  • Feb 10, 2012 - 2:59PM

    I hope they find justice for the 3 dead ones. Be they terrorists or not, no one should be killed while in police custody.


  • Sarah
    Feb 10, 2012 - 3:01PM

    Remember how Sarfaraz Shah died of blood loss after the gunshot. Seems like these guys had the same ‘natural causes’ of death.


  • Ahmad Ibrahim
    Feb 10, 2012 - 3:11PM

    @Ishtiaer Hussain… the courts had set these guys free… the were freed from Adiala Jail as no case could be proven against them! This is not about terrorism but the rule of law… What gives ISI the right to exercise above the law… Tomorrow they will pick you up and call you a terrorist… In decent societies which ours is not because of guys like you. No man is guilty unless proven…


  • UFF
    Feb 10, 2012 - 3:26PM

    ……can’t say something….can’t i be among MISSing….??


  • Lobster
    Feb 10, 2012 - 3:28PM

    @ishtiaer hussain:
    So you mean punish anyone without giving them right to defend? Label them and kill them?
    Well done SC!


  • Saleem Chaudhry
    Feb 10, 2012 - 3:29PM

    No high court in western countries would do such a thing. Only an enemy of state would defame intellegence agencies.


  • Imran
    Feb 10, 2012 - 3:43PM

    ISI and ARMY label anyone with terrorism charges and then provide no evidence to support their lies. These uniform people should know that there is no Cantonment or DHA in life hereafter.


  • Abid
    Feb 10, 2012 - 3:52PM

    @ishtiaer hussain:
    Do you believe in ‘Rule of Law’??. Why charges against these people are still not proved yet in any court? I am a person who have proud on our agencies, bu, There must be some ‘check & balance’ on our all agencies. Dear we should also think of the people whose loved ones have been abducted without any proof of being involved in any these activity.


  • Khawaja Faraz
    Feb 10, 2012 - 3:57PM

    @ishtiaer hussain:
    then bhaiya ask your politicians to make law so as to punish these culprits without enough evidence…….courts are just following constitution if any in the country thinks he is above constitution the courts are there to check thats what they are doing…presenting enough evidence to punish them is not courts responsibilty...kuch Samajh aaya?


  • AJ
    Feb 10, 2012 - 3:59PM

    While SC is at it Get Mullah Omar out of them as well and kick him out of the country along with his Quetta Shura.


  • rohail
    Feb 10, 2012 - 4:08PM

    The court should issue contempt of court to the DG ISI & MI if it fails to act..


  • Nadir
    Feb 10, 2012 - 4:15PM

    @ishtiaer hussain: How do you know they are terrorists? Because, surprise surprise, the Army and ISI say so?


  • civilian
    Feb 10, 2012 - 4:43PM

    These agencies so called loyal to the country has been destroying basic infrastructure through one way or another just to keep their survival. Always feel themselves above the law should be brought under the net. Killing and abducting of innocement civilians has become norms and once top Heads are rolled as done in Saudi Arabia by chopping off their heads, only then these agencies will feel the brunt for the criminial activities they are involoved into.


  • Yazid Khan
    Feb 10, 2012 - 4:45PM

    Again…..from the constitution of Pakistan

    Inviolability of dignity of man, etc.
    (1) The dignity of man and, subject to law, the privacy of home, shall be inviolable.
    (2) No person shall be subjected to torture for the purpose of extracting evidence.

  • Truth
    Feb 10, 2012 - 4:47PM

    Well done SC!! No one is above law!! If ISI and MI believes they are guilty and they have enuf evidence then bring them infront of court and SC will Hang them.


  • Malik
    Feb 10, 2012 - 4:50PM

    @ishtiaer hussain:

    In other words you are saying that army and ISI should be given free hand to pick people in the name of fight against terrorism, torture them, and shore up their dead bodies in the hospitals and say that they died of natural causes!!!


  • sunny
    Feb 10, 2012 - 6:14PM

    I SALUTE YOU CJ. You are really setting an example of “Rule of Law”
    Those who criticize CJ for summoning PM in contempt case should open their eyes and learn that nothing is supreme than Law of the Land if someone thinks so even then should go to the courts to prove that. this is the charachter of the civiliized people living in civilized society.


  • major-ji
    Feb 10, 2012 - 6:24PM

    So wait now till 13 February istnead of this evening. “Hota hai yehi rozo shab tamasha merey agay” Go and have peacful sleep buddy.


  • Fareedi
    Feb 10, 2012 - 6:55PM

    People get shot… and surprisingly die of “Natural causes” thereafter.. Can anyone explain this unusual sequence of events??


  • Lt Col Imtiaz Alam (retd)
    Feb 10, 2012 - 9:23PM

    I am ashamed to know about the plight of the 11 prisoner’s out of which 4 have left this world. The high handedness of the ISI cannot be condoned. Certain norms have to be laid down by the SC for civilians taken away by the Agencies. Their whereabouts must be known by their kith & kin. The account of the prisoner’s in Lady Reading Hospital was heart rending.
    The SC is doing a great job. May Allah grant them the resolve & strength to take the right decisions.


  • Hamid
    Feb 10, 2012 - 9:51PM

    @ishtiaer hussain:
    Open you eyes and see how many people love the ‘agencies’ from the comments here. No one should be above the law. The law needs to be applied to all.


  • farooq
    Feb 10, 2012 - 10:02PM

    Why only this case what about the missing persons from Blaochistan province, their case was even in Supreme court of Pakistan after all their bullet riddled and decomposed bodies were thrown in different places, they were abducted in front of their family and kept in torture cells and were extra judicially killed but Supreme court did not take any notice on that and cases of them are in the court for five and six years, even the eye witnesses have recorded their statements.


  • Shahid Malik
    Feb 11, 2012 - 12:18AM

    This is going to be a test case for Chief Justice of Pakistan. The nation will be waiting for CJP to order registration of FIR against DG ISI, DG MI and their boss COAS for extra-judicial killing of four persons and abduction of eleven persons.


  • nnk
    Feb 11, 2012 - 3:50AM

    I am only reminded of the hundreds of innocent civilians and security forces who were mercilessly slaughtered and hanged in the city centers of Swat and Malakand Divisions by these heartless terrorists. Not one of the score of those arrested has been tried or convicted in any courts or released for lack of evidence, because there are no courts on ground to try them or witnesses are not prepared to risk themselves. Why doesn’t someone comment on this aspect, instead of just blaming the agencies. Where there is no writ of the Government, there is no administration. All of these extremists who have managed to spread across this country have to be dealt with severely through a proper judicial system, unfortunately missing, or else expect them to come back again and again to play havoc with our people and our lives.


  • ali
    Feb 11, 2012 - 5:24AM

    Good to see SC finally asserting its authority over army and ISI. Why should only the civilians face music.


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