Adiala prisoners' case: Seven prisoners presented before SC

Published: February 13, 2012
Email
SC seeks written explanation from respondents in the case asking why the prisoners were not presented before. PHOTO: AFP

SC seeks written explanation from respondents in the case asking why the prisoners were not presented before. PHOTO: AFP

ISLAMABAD: Resuming the Adiala missing prisoners’ case on Monday, the Supreme Court sought written explanations from the Inter-Services Intelligence and Military Intelligence chiefs, Judge Advocate General (JAG) and Chief Secretary Khyber-Pakhtunkhwa Ghulam Dastagir Khan asking why the prisoners were not presented on court’s earlier order.

Seven prisoners who were sought by the court earlier were presented before the court today.

The court told K-P chief secretary to submit a comprehensive report entailing the details of the detention within four days to the Registrar Office of the Supreme Court, while JAG, MI and ISI were told to submit their reports on March 1.

The court directed ISI, MI chiefs to submit a report about how they had held 11 persons, what sort of trial was conducted, how they kept them and dealt with them, and why their health conditions were deteriorating. The court also directed ISI and MI to mention the cause of death of the four prisoners who died in army’s custody.

Chief Justice Iftikhar Muhammad Chaudhry inquired about the prisoners and asked where they were before January 26. K-P chief secretary replied saying that he did not have knowledge regarding the whereabouts of the prisoners.

The chief justice criticised his statement and said, “A provincial chief secretary should be aware of everything that happens in the province.”

“You should know where the Taliban are stationed and where an operation is carried out against them. You should have knowledge about the province,” said Chief Justice Chaudhry.

Counsel of ISI and MI chiefs Raja Irshad informed the court that, complying with the court’s orders, the prisoners were moved to Islamabad to be presented before the court.

Counsel of the prisoners Advocate Tariq Asad informed the court that during the confinement which lasted for more than a year, the prisoners were not exposed to the sunlight which worsened their health.

Advocate Asad further told the court that three out of the seven prisoners are suffering from kidney failure, while the rest diagnosed with other chronic diseases.

The court asked the counsel of ISI and MI chiefs if both the agencies had the constitutional authority to detain the civilians.

The chief justice said that the condition of the prisoners was rueful and that once the report is submitted, the court will determine if the detentions were lawful or not.

Defence of Human Rights Chairperson Amina Janjua prayed to the court that orders for the release of all the missing persons should be issued.

The court also ordered that the prisoners will now remain under the provincial administration and not ISI and MI.

“There should be proper medical treatment and they shall not be shifted to internment centre in Parachinar, so long as the matter is pending before the court,” the chief justice said, according to AFP.

“A medical board shall be constituted to examine their health,” he added.

The three-member bench, headed by the chief justice, had served notices to the ISI and MI chiefs on January 25 to explain the circumstances behind the deaths of the prisoners.

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 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.

Four of the 11 detainees – Muhammad Amir, Tahseenullah, Said Arab and Abdul Saboor – died in the custody of the ISI and MI.

Facebook Conversations

Reader Comments (36)

  • IFTIKHAR-UR-REHMAN
    Feb 13, 2012 - 11:17AM

    These terrorists were released by the courts because of lack of evidence !The judges and the prosecutors are scared of TTP therefore insufficient evidence is provided.

    Recommend

  • Feb 13, 2012 - 11:20AM

    This case interests me more than that charade of PM regarding Swiss Letters case.

    Recommend

  • adeel shamsi
    Feb 13, 2012 - 11:36AM

    why are terrorists being treated as some masoom, bicharay victims? this is the problem with our legal system today,terrorists are being released back to do more killing.our media is busy portraying the religious militants as some sort of brave heroes.The media should stop this glorification of terrorists and stop presenting them as innocent victims.

    Recommend

  • Beatle
    Feb 13, 2012 - 11:38AM

    emphasized text“You should know where the Taliban are stationed and where an operation is carried out against them. You should have knowledge about the province,” said Chief Justice Chaudhry.

    Can anyone dare asking the same question to COAS, or ISI Cheif, or even a Major on duty for that matter.

    Recommend

  • Syed Imran
    Feb 13, 2012 - 11:43AM

    Pakistan Army has always been sicerely defending the Soverignity of Pakistan. Elements who work against Pakistan and work for the enemies of Pakistan should not have been accorded the stature of innocent. Pakistan Army doesnt have the majic wand to produce the kind of evidence the Pakistani Courts ask for and thats why most of the terrorists go scot free, to resume their terrorist activities.
    Why should the ISI or MI be interested to prosecute innocent. Hundreds of Talibans were captured during Swat Operations and now for each the Court would require fool proof evidence that they were really the people involved in terrorist activities. Is it possible for Army to provide all this evidence, the answer is a big NO.
    So finally to sum it up ” Let all these terroists free to be captured again and than again and than again after a more henious act of terror has been committed

    Recommend

  • Asif
    Feb 13, 2012 - 11:45AM

    Well its difficult to understand that how all these things are going to make the country sustainable? They did it in Bangladesh first and escaped, they did the same in Swat and escaped and now more than ever in Balochistan and planning an escape by using the notorious of the entire lot. Shame.

    Recommend

  • Qasim
    Feb 13, 2012 - 11:46AM

    “Counsel of the prisoners Advocate Tariq Asad informed the court that during the confinement which lasted for more than a year, the prisoners were not exposed to the sunlight which worsened their health. Advocate Asad further told the court that three out of the seven prisoners are suffering from kidney failure, while the rest diagnosed with other chronic diseases.”
    Shame, shame and shame……..We cry foul over the maltreatment at Guantanamo Bay detention camp but subjecting our own to these inhuman conditions on just allegations; no conviction or proof.

    Recommend

  • usman786
    Feb 13, 2012 - 11:52AM

    Should be feel sympathy for them. We know our. Judicial system and how he can be bluffedRecommend

  • Feb 13, 2012 - 12:00PM

    I am surprised at the soft attitude of courts. On one side they are asking the Chief Executive to appear personally and explain and on other side asking the respondent to submit written explanation. I think people are not fool enough to understand why this soft attitude for some thing more serious. Sad day for Pakistan !

    Recommend

  • Beatle
    Feb 13, 2012 - 12:28PM

    strong textYou should know where the Taliban are stationed and where an operation is carried out against them. You should have knowledge about the province,” said Chief Justice Chaudhry.emphasized text

    Can anybody dare ask this question to COAS, DG-ISI, or even a Major on duty.

    Recommend

  • Shafqat Ali Khan
    Feb 13, 2012 - 12:36PM

    Its a complicated situation for a nation. Though I am convinced that human rights violations are unbearable but national security is also unavoidable.The alleged people who were involved in the attacking on GHQ and ISI offices must be dealt legally.

    Recommend

  • Nauman Ghauri
    Feb 13, 2012 - 12:43PM

    CJP has to be careful not to tie the hands of the agencies up to the level that they become paralysed. The world of intelligence itself is a filthy place, rule of law should not and must not be ‘imposed’ in such a way, that others start taking advantage of it.
    First of all, it is the only nuclear Islamic state we are talking about & After all the first-line-of-defence has to be sharp and shroud.

    Recommend

  • Basit
    Feb 13, 2012 - 12:53PM

    This is why any war against taliban will never be successful.

    Recommend

  • A J Khan
    Feb 13, 2012 - 12:56PM

    I hope Judiciary will some day show same soft corner to the common people of Pakistan and the innocent victims of the terrorists.

    Recommend

  • M.AKRAM NIAZI
    Feb 13, 2012 - 12:59PM

    Islam political system is based on the rule of law and not on rule of personalities or institutions.

    Recommend

  • Shayan
    Feb 13, 2012 - 1:30PM

    The comments here are quite surprising. No one should be above the law even ISI or whatever. If they cannot prove that these people are terrorists than they are probably not. I dont believe in the judgement of these property dealers.

    What is worse is that the detainees have died from torture. This is worse than Gitmo and Abu Gharaib prison.

    Recommend

  • qasim
    Feb 13, 2012 - 1:40PM

    @IFTIKHAR-UR-REHMAN:
    so that’s the logic of extra judicial killing? so anyone can be abducted, tortured, murdered and then the body thrown at the road?

    if there is no evidence, it mean the man is innonce. or should we believe that he is culprit because some guyz in the uniform think or believe he is culprit.

    grow up kid, read the consitution and the law of the country first.

    Recommend

  • Khan Jr
    Feb 13, 2012 - 1:42PM

    It surprises me to note that so many people are willing to abrogate the powers of judge, jury and executioner to unqualified and unintelligent state employees.

    I am sure if one of their near and dear ones should ever get picked up by these brutes they will rapidly change their tune and insist that the law of the land be applied.

    The only solution to the problem is that suggestions should be made to amend the law regarding evidence in terrorist cases. However, the presumption of innocence before being proven guilty is the hallmark of a just society. If one wants to live in a lawless jungle then you are all welcome to it. I just hope no one among your friends or family ever ends up in such lawless hands.

    Recommend

  • Pro Pakistan
    Feb 13, 2012 - 1:45PM

    If these terrorists are bailed by the courts again, then there future acts should remain the responsibility of the judges and their defence Lawyers.

    Recommend

  • Tahir
    Feb 13, 2012 - 1:55PM

    Well done Chief Justice ! Every institute of the state should know the limits. Limitless powers to intelligence and security institutes have created Bangladesh like situation in Balochistan. While respecting the military as a state institute, the state of Pakistan will have to ensure that they are answerable to the people of Pakistan and any of their act, against the constitution of the country should be not only discouraged but also investigated and interrogated properly.

    Recommend

  • qasim
    Feb 13, 2012 - 2:20PM

    @Shayan:
    agreed with you. most of the above commetns will normally come from one or two person changing name.

    what people don’t ask is the supremacy of law. if a person is a PROVEN terriorist, he should be hanged, but with in the constituation of pakistan and not murdered and thrown on the road.

    the problem is that these agencies always think themselves as above law and have tons of supporters.

    Recommend

  • Shah
    Feb 13, 2012 - 2:24PM

    @Syed Imran:

    TRUE..100% true…Our peopel want peace..without paying any price…

    Recommend

  • nnk
    Feb 13, 2012 - 2:37PM

    @Syed Imran:
    Well said Imran. Glad to hear someone talking about these facts. As for ISI …… DAM IF YOU DO AND DAM IF YOU DON’T surely applies. TPP duly funded by enemies of Pakistan, have dared to kill innocent civilians and even security forces by the thousands, and here we are talking of rule of law, etc. There is NO RULE OF LAW in this country, unfortunately, unless the existing Judicial System is reviewed, that will provide protection to our Judges, Prosecutors and Witnesses so that due JUSTICE can be administered.

    Recommend

  • zullu
    Feb 13, 2012 - 2:48PM

    I am amazed to see comments here…….Innocent until proven guilty…….if the agencies are so sure that these men carried out these terrorist attacks then why not prove it in courts ( civilian or military courts ) and hang them in public……..this will raise the moral of public as well as army….but unfortunately our agencies are full of criminal elements ( may be half of them are Taliban like minded……i hope not ) which have no interest in security of state/people AND ARE HOLDING PEOPLE UNLAWFULLY JUST FOR THE SAKE OF COMPLETING THE HEAD COUNT TO PLEASE THERE SUPERIORS………..Shame on all of us as Pakistani,s

    Recommend

  • Justice
    Feb 13, 2012 - 2:50PM

    @Syed Imran

    Do you think writing in bold letters will give more credibility to Army?

    Recommend

  • Feb 13, 2012 - 4:04PM

    If the ISI is going to decide who is a terrorist or not, and punish them as they will, then why dont we shut down all the courts and prisons, get rid of the lawyers, and when people end up dead in ditches we will know that they were “guilty”

    Recommend

  • haroon ali
    Feb 13, 2012 - 4:09PM

    Basic principle of rule of law says ‘You are innocent until proven guilty’ and since ISI and MI failed to prove them guilty in front of their own courts i.e military courts, how can we declare them terrorists? 4 of them died and later their dead bodies were found. What court (including military court) declared them terrorists and what type of a punishment is this where you find bodies on a road side.

    Recommend

  • J a v e d...
    Feb 13, 2012 - 5:11PM

    Unfortunately we are taking this matter emotionally as usual. First we think as good
    Pakistani if we go ahead in favor of prisoners that will be in opposition of army and favor of prisoners who have the allegation of terrorism in past will be bad impact on pak image. but when we see that court have released them it means they were innocent, so if they are innocent so why agencies picked them, if agencies picked them it means they are culprits So in this kind of dilemma state we forget the real issue which is actually very away from emotions.
    It is clear court released them and agencies picked them, I want to just ask why, if they were guilty why agencies did not prove in court and if they are guilty now agencies should prove in court. Court has the right to ask any body and institution in country. We should not talk against army or agencies but should talk against that system which is defaming these esteemed institutions. I am fully support judiciary to ask such all things to agencies which a common faces in courts. All persons and organizations are under constitution and law wither army, parliament even judiciary too.
    We have a golden chance to analyses the history of errors which always grown up and come in front as blunders………..

    Recommend

  • nnk
    Feb 13, 2012 - 5:26PM

    @haroon ali:
    @zullu:
    These men were tried by the Military Court and sentenced to death. While on appeal in High Court they were released, whether due to lack of evidence or fear of threat, God alone knows.

    Recommend

  • Bilal Bajwa
    Feb 13, 2012 - 6:07PM

    Height of law lessness and abuse of Human Rights – under which law any agency can confine accusds so in the end all are dying with kidney failures. There can’t be any other reason except extensive torture or slow poisning. A person should be considered innocent until proven guilty in the court of law and not in the assumption of any law enforcement agency. These types of brutal and inhuman acts are the main cause of increase in extremism in Pakistan. May God save my county from the clutches of agencies.Recommend

  • Feb 13, 2012 - 7:20PM

    @IFTIKHAR-UR-REHMAN:
    I fully agree with you, like Maulana Aziz of Lal Masjid was set free by Supreme Court. Every thing regarding his involvement was recorded on national media. Root cause for ills in our society is poor performing judiciary. Any case will take not less than a decade unless judges are interested in it. It is pushing people to opt for feudal tribal jirga system where decision is made within a week if not days. Failure of judicial is pushing people to have soft corner for extremist and fudals whose only thing people like is prompt justice. Judges are the highest paid public servant of Pakistan. A judge of high court of SC gets five times more salary than a poor chief secretary whom they were grilling you should know every thing. I wish he could ask him Mr. justice you should also know the injustice in whole Pakistan wherever it is being committed,how far you have been able to dispense justice?

    Recommend

  • zullu
    Feb 13, 2012 - 9:56PM

    @nnk
    Can you provide source of your claim ??

    Recommend

  • Feb 13, 2012 - 10:24PM

    Supreme Court should have questioned the prisoners about their whereabouts and about their treatment

    Recommend

  • the patriot
    Feb 14, 2012 - 12:01AM

    almost 90% of the terrorists had been released by the courts on the basis of lack of evidence.nobody dares to speak against those people.these people should be tried in the military courts so that justice be done.our intelligence agencies are the most competent in the world.

    Recommend

  • Mirza
    Feb 14, 2012 - 3:45AM

    The news says “The court told K-P chief secretary to submit a comprehensive report entailing the details of the detention within four days to the Registrar Office of the Supreme Court, while JAG, MI and ISI were told to submit their reports on March 1.”
    While the same PCO SC is not giving any time to the elected PM and his lawyer at the same time it gave March 1 to the MI and ISI as if it is in no hurry. They are only in a rush against the executive not the generals.

    Recommend

  • IFTIKHAR-UR-REHMAN
    Feb 14, 2012 - 4:33PM

    I feel no sympathy for the enemies of state.These are terrorists and they should be treated like one!!!

    Recommend

More in Pakistan