Justice Chaudhry said that the federation, agencies and provincial governments were silent on the matter. PHOTO: AFP/FILE
The seven men were first arrested in November 2007 and their release ordered in May 2010, only for them to disappear.
The Supreme Court decided to investigate why the men had been held and in February 2012, they appeared before the court, in poor health, barely able to stand or talk.
Counsel for agencies, Raja Irshad, sought to justify the men’s detention but conceded that they could not be put on trial because of a “lack of incriminating evidence”.
“But we are morally convinced that they were involved in terrorism,” Irshad told the court.
Chief Justice Iftikhar Muhammad Chaudhry said suspects cannot be detained indefinitely and unlawfully.
“Morally they can put any one behind bars, even me. According to them, all the people are guilty,” Chaudhry said.
“They should have been released if they could not be tried under the army act. They are in confinement for more than four years,” he added. 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.
The case originally concerned a group of 11 men, but the court was told last year that four of them had died. “What was their crime and why have they been kept in confinement?” the chief justice questioned.
Judge Sheikh Azmat Saeed expressed dismay that the government had not enacted appropriate legislation to deal with terror cases.
“They have not made the necessary legislation. Don't they see what kind of laws are in other countries, they should look at the Internet,” Saeed said.
“What has the government been doing for the past five years?”
Chaudhry ordered the government and intelligence agencies to report back to him on Tuesday about what would happen to the detainees. He said that if the reports were proven inappropriate then proceedings will be carried out against the concerned people.
The chief justice sought the reports after the deputy attorney general informed him that a case is reviewed three months after it is heard.
Defending the ISI, Irshad said his clients have repeatedly asked the government to pass more effective legislation to ensure that suspects in high-profile cases are not acquitted on the basis on insufficient evidence.
(With additional input from Express News)
COMMENTS (25)
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hahaha! "morally convinced", thats all the proof now needed to detain and even execute people so now we shouldnt criticize US too on guantanamo prison as they are also holding prisoners their on moral grounds.
@aaaaa: Yes, a strong and proud suppprter of every pakistani security agency. Get ur facts correct. Where is the anti terrorism law. The proposed amendment is lying in dust there by the senate. Animals like these get all the protection from the present judicial system. Imagine that a country ripe with terrorism does not have laws where video, audio, DNA or scientific evidences are admissible. Why should it be, because pakistanis like you are here to defend these animals and will not hesitate to demonize their own army even on an indian ground. And I wish I was in ISI, the premier agency responsible for the defence of this country. Much better than being a RAW agent.
Convicted and crimials are law makers; they are never held on moral grounds
I am morally convinced that Kiyani, Zardari and Ashraf are involved in corruption so they should be jailed.
@janan:
no. Pakistani through and through. sorry to disappoint. did my comment hit a nerve? i mean asad durrani is one article 6 reference away from the hangman's noose (as is Mirza Aslam Beg) and everybody knows who murdered Syed Saleem Shahzad. Are you an ISI troll?
@Raj - USA: That is him Criticizing ISI's logic of "Moral detention "
@ishtiaer hussain: Indian army and agencies are empowered under POTA, TADA and other acts to keep even a terror suspect under detension indefinitely in troubled areas. . Get your facts right. POTA enacted in 2002 was repealed in 2004. TADA enacted by a state government in 1985 lapsed in 1995.
Hmm. Nice morals. Dichotomous, dictatorial, and selective. One for PAK and one for PAK neighbors
Morally convinced thats a silly term . One simply wonders the serious lack of skills our agencies have their officers should come forward and admit that their error which is that after years of being a badshah salamat they are technically weak and lack professionalism and skills required to investigate and prosecute criminals. Letting these people go would be such a
@aaaaa: are you an INDIAN.
Pakistani liberals should be inspired by the Indian example. Indian army and agencies are empowered under POTA, TADA and other acts to keep even a terror suspect under detension indefinitely in troubled areas. These liberals look toward India for everything, but why not follow Indian example when it comes to dealing effectively with terrorism.
persons responsible for illegal detentions be punished and the detainees be compensated for i the medical treatment mental agony and financial losses / opportunities, . The amount of compensation be made recoverable from the salary, super attenuation benefits or otherwise. in addition to the imprisonment( if possible) Great logic by great moral holders ?
“Morally they can put any one behind bars, even me. According to them, all the people are guilty,” Chaudhry said.
So will the CJP now summon the DG ISI and the Sipahsalar to explain this?
Or, is that reserved for the Prime Minister alone?
“Morally they can put any one behind bars, even me. According to them, all the people are guilty,” Chaudhry said.
Is it a slip of tongue or admission of guilt by the CJ ?????????
“They have not made the necessary legislation. Don’t they see what kind of laws are in other countries, they should look at the Internet,” Saeed said.
The laws are made under guidance of the Constitution and not under the guidance of the "Internet". Pakistani constitution is ISLAMIC. In any religion the immorality is a crime.
How about putting Musharraf, Mirza Aslam Baig, Hamid Gul behind bars on moral grounds?
an intelligence agency preaching morality? The same agency whose former head has been proven to distort the democratic process? The same intelligence agency that murdered Saleem Shehzad?
when state kills its own people "on moral grounds" and without any evidence they dont need external enemies to disintegrate. We have many enemy couuntries but if we analyze the situation in baluchistan, fata, kpk and sindh, while there may appear hundreds of such cases of disappearances we will also come to know that our security appratus is the biggest enemy of our country and its people. There is no one raising the voice for their disappeared country fellows in media and at political level. In such scenario above case seems to go nowhere and everything will remain as it is untill this volcano erupts some day.
good to see indian commenting troll here
On "moral" grounds!? Saeed Hafiz, Haqqanis, LET, Al Qaeda are not arrested because there aren't sufficient legal grounds. There is never "sufficient" evidence. But the ISI can arrest who it doesn't like on "moral" grounds - for years!? This is just like the blasphemy laws. Destroy people with "moral" accusations.
moral??? i doubt their justification... if they think of their moral values then they should themself be behind bars...
They were "morally convinced" they were involved in terrorism? Where does morality come in? The government should make laws so that people picked up on the basis of "morality" should not be let off because evidence is not enough? So basically anyone picked up by the ISI is guilty then. Excellent, embrace your 2nd class citizenship. While people will say oh terrorists deserve this etc etc, tomorrow it could be anyone of us.
We need to amend this useless constitution and empower our law enforcement agencies so that they can hold these people. Without evidence (which our law and courts need) these monsters would be freed and they'd again go on killing spree.