Missing persons case: Court unfazed by ‘RAW, Mossad hand’ mantra

Defence counsel insists ISI, MI not involved in kidnappings.

ISLAMABAD:

The Supreme Court seemed unimpressed, yet again, by a familiar ‘revelation’ during a hearing of the missing persons’ case on Friday.

Counsel for the Inter-Services Intelligence (ISI) agency and the Military Intelligence (MI) Raja Irshad told the apex court that Indian spy agency Research and Analysis Wing (RAW) and Israel’s Mossad were active in Pakistan.

The defence counsel claimed that the two agencies were behind kidnappings in the country and were being helped by terrorist groups.

The chief justice asked the defence counsel if the agencies had any credible information of the involvement of RAW and Mossad, and if so, why had they not taken any action against them. “We did not bar you from taking action against RAW and Mossad,” Chief Justice Iftikhar Muhammad Chaudhry said.

Friday’s hearing continued in the usual fashion – a displeased court reprimanded the intelligence agencies for the treatment of the Adiala ‘missing’ prisoners.

“Were they not human? Why was the right to a fair trial denied to them? We will proceed against you after making some initial decisions,” he said, adding: “You will tell us how the four of them died in your custody.”

‘Picked up under govt’s nose’

Terming the intelligence agencies’ reply on Adiala missing persons unsatisfactory, the apex court took suo motu notice against the abduction of a young man who used to provide food at camps set up by relatives of missing persons outside Parliament.

A two-judge bench, headed by Chief Justice Chaudhry, directed Inspector General of Police Islamabad and Attorney General of Pakistan Maulvi Anwarul Haq to submit a report of the incident by today (March 17) and present the ‘missing’ boy before the court on March 19.

The chief justice also remarked that this time someone was abducted right under the government’s nose.

Advocate Tariq Asad, the counsel for missing persons, alleged that Omar Mehmood Khan, 24, was picked up by intelligence agencies because he used to serve food to families at the missing persons’ camp in D-Chowk (in front of the Parliament).

Irshad rejected the allegations, stating that the military intelligence agencies were not involved in missing person incidents.

Omar’s family, who recently returned from Canada, had informed the Human Rights Cell of the apex court about his disappearance through a letter. They wrote that Omar was abducted by the agencies on March 10 near the Orchid Scheme in Islamabad.

The letter further suggested that Omar’s kidnapping followed the pattern of many other missing persons who were picked up: Men, driving two double cabins with tinted glasses, a black corolla, a white Suzuki Baleno and a Suzuki Mehran picked up Omar in front of his father, mother and a younger brother.

Omar’s mother, Dr Rubina, was also present in the court today. The chief justice, while calming her down, said, “We will not allow anyone to act above the law”.

Advocate Irshad, however, asked why all blame was levelled on the ISI and MI. The chief justice replied that “we respect our armed forces and intelligence agencies, but when they detracted then the court and media expressed concern.”

State of Adiala prisoners

During the last hearing, the court had rejected explanatory reports submitted by the defence lawyer and termed them unsatisfactory. The court also sought a detailed report from the chief secretary of Khyber-Pakhtunkhwa. The K-P chief secretary submitted a report on the health of the Adiala prisoners on Friday, which was appreciated by the court.

Counsel for detainee Hafiz Majid, Advocate Tariq Asad, informed the court that his client was suffering from Cancer and Hepatitis C, and asked for permission to shift him to the Shaukat Khanum Cancer Hospital in Lahore. He added that the faces of the inmates were always covered with masks.

The court was also informed that the health condition of at least three prisoners was still not stable.

Asking ISI and MI’s counsel how the detainees were being treated, the chief justice remarked: “You will be accounted for each and every minute.”

Defending his clients, Irshad attempted to hand tangible ‘proof’ to the court. “I want to give you a CD so that you could realise what is going on in the operation area with the Pakistan Army.”

The chief justice, however, said that they realise each and everything, and even how drones are being bombarded on the innocent people of K-P. “We salute the sacrifices of people of K-P,” he said.

(Read: Of comeuppances, and superior airs)

Published in The Express Tribune, March 17^th, 2012.

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