A three-member apex court bench chaired by Chief Justice Iftikhar Muhammad Chaudhry resumed hearing of the Adiala Jail's case on Tariq Asad Advocate's application. The Chief Secretary and Home Secretary Khyber Pakhtoonkhwa were brought forward as witnesses.
Home Secretary K-P Azam Khan informed the court that a machine gun, nine stun guns and three pistols were recovered from the prisoners' custody.
The Chief Justice pointed out that report should have been lodged against them for carrying arms in the police station of the same area where they were captured.
Khan said the prisoners would be kept in detention centers while they wait for their trial to start.
On this, Justice Sheikh Azmat Saeed inquired about the length of time they would kept in detention centers. The home secretary replied that under Action in Aid of Civil Power ordinance, army has the authority to detain anyone for an indefinite period.
Justice Azmat Saeed remarked that considering the implications, the court would have to repeal the law.
To the counsel for Human Rights Commission Asma Jahangir's statement that the detention centers are controlled by armed forces, the Chief Justice replied that the court would summon the relevant authorities to answer for the case.
The security institutions of a country should conform to the law of the land, he added.
He said that as per regulation 8, the Governor should have control over the detention centers.
Two prisoners, Ibrahim and Hidayat Shah who had been sentenced for three years of imprisonment respectively were also presented before the court during the proceedings.
Asad's counself for the petitioners informed the court that two out of the seven prisoners were sent to jail for two years while the rest were imprisoned for 14 years on the order of the tehsildar.
The court has adjourned the hearing till May 14.
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