Punjab

Court summons Punjab’s top bureaucrat

SC seeks information on whereabouts of 11 people picked up by intelligence agencies despite acquittal by court.

Qaiser Zulfiqar November 02, 2010

ISLAMABAD: The Supreme Court on Monday summoned the top bureaucrat in Punjab seeking information on the whereabouts of 11 people allegedly picked up by intelligence agencies despite their acquittal by a court in a terrorism case.

These men were arrested in a number of terrorism cases, including the assassination attempt on the then military ruler Pervez Musharraf. However, an anti-terrorism court (ATC) acquitted them for want of evidence. The Adyala jail administration, instead of releasing them, allegedly handed them over to the agencies.

A three-member bench – headed by Chief Justice Iftikhar Muhammad Chaudhry – passed the orders while hearing a suo motu case.

Punjab Home Secretary Shahid Khan, District Coordination Officer (DCO) Rawalpindi Imdadullah Sial and Inspector-General Prisons Kokab Nadeem appeared before the court.

Shahid Khan pleaded that a jail administration was responsible for all activities in its jurisdiction. And the Adyala Jail superintendent did not release the men on the orders of the DCO and instead handed them over to the intelligence agencies.

He informed the court that on the Supreme Court order, the Adyala Jail superintendent and his deputy have been taken into custody and are being questioned.

“We did not order their arrest, the FIR was already registered against them,” Justice Chaudhry observed.

City Police Officer (CPO) Fakhar Sultan informed the court that he was off-duty when the 11 men were handed over to the intelligence agencies by the jail superintendent.

He submitted that the police have registered the FIR against the two officials and the disappearance of the 11 men. But the police have so far not been able to trace the missing men.

“Who is responsible for the disappearance of the 11 people,” Justice Chaudhry asked the CPO. “Who will protect the life and property of the people?”

“A joint investigation team, comprising police and officials of all intelligence agencies, has been formed for the recovery of these people,” the CPO informed the court holding out an assurance that they would be recovered soon.

“It is a tragic failure on the part of the police. Many days have passed. What are the police doing,” Justice Ramday asked the officials.

“Who ordered to keep the people in the lockup and hand them in the custody of the intelligence agencies despite their acquittal by the ATC? The home secretary knows everything about their whereabouts. If you people are speechless, name someone and we will summon him here,” the chief justice observed.

“My lord, I am helpless in this matter and can’t do anything,” the home secretary admitted before the bench while requesting the court to direct the interior ministry to make concrete efforts for the recovery of the 11 men.

Additional Attorney-General K K Agha informed the court that the 11 men are not in the custody of intelligence agencies as he himself approached the MI (Military Intelligence), ISI (Inter-Services Intelligence) and IB (Intelligence Bureau) but they replied in the negative.

Inspector-General Prisons Kokab Nadeem informed the bench that jail superintendents in Rawalpindi and Multan received life threats from the outlawed Tehrik-e-Taliban Pakistan (TTP).

“Mr IG, we will suspend you for misleading the court,” Justice Ramday observed while addressing Nadeem.

“When the government is helpless, what can the courts do, we can only follow the law,” Justice Ramday observed.

Later the chief justice while adjourning the case till Tuesday (today) summoned the Punjab chief secretary to inform the bench on the whereabouts of the 11 missing men.

Published in The Express Tribune, November 2^nd, 2010.

COMMENTS (4)

Sultan Ahmed. | 14 years ago | Reply What is duty of the prosecution, to arrest the culprit with documentary evidence,eyewitness and other evidence including recovery and circumstantial evidence and to prove the allegation leveled by it before the honorable court. On the other hand, it is depend on the trial court to see the relevant record and come to the right conclusion convict or acquit the accused. But , what happened in this case,prosecution was failed to prove the allegations leveled by it and the court acquitted them all due to lack of evidence that is indispensable in the criminal case,and ordered to released them forthwith,but the authority responsible did not release them and on the contrary, handed over them to the agencies,their act was not according to law and the judgment of the court,they knew what should they do but deliberately overlooked,so they are responsible. Since independence, police has been failed to play a due role in accordance with law,they create injustice due to the character,it has a name in registration of false cases against the poor people who are not in position to pay illegal gratification to them,or those who has not message of local high ups. Police officer, has been appointed in stations on the indication and recommendation of local MPA or MNA so that they run them on the particular instructions,in this way,injustice is started. It is very strange, apex court put the question to them,but are speechless,not know where 11 persons acquitted by the court,in fact they know all but don't want to inform the court that is proper form,what is the reason behind this,that is a question before us all,it is still a sign of interrogation before us as a nation. According to my considered opinion, it is result of differences between judiciary and executive,executive through its administration violate the orders of the court that is not a good act,it create more complications,we should all respect the law and the orders of courts, in case, have objection there are other options,right of appeal is a better way

Asmat Jamal | 14 years ago | Reply Why people are so worried about terrorists instead of lives of general public who are at mercy of these terrorists made holy cows.

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Asmat Jamal | 14 years ago | Reply The terrorists arrested in a number of terrorism cases, including the assassination attempt on the then military ruler Pervez Musharraf were acquitted by anti-terrorism court for want of evidence. The Adyala jail administration, instead of releasing them, allegedly handed them over to the agencies. This has raised concern of the Court. “Who is responsible for the disappearance of the 11 people,” Justice Chaudhry asked the CPO. “Who will protect the life and property of the people?” Are we talking about the lives of the terrorists or the general public???

amir | 14 years ago | Reply Unitl & unless officials of the agencies are not brought to the justice, similar incidence would occure in future as well. These Agencies officials should be punished for their alleged activities so that they should think twice before any wrongdoings.

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