Adiala Jail missing prisoners: SC issues notices to DG ISI, DG MI, AG

[Slav Defence]

ISLAMABAD: The Supreme Court Friday, on the application of Tariq Asad Advocate, issued notices to Director General Inter Services Intelligence (ISI), DG Military Intelligence (MI) and Attorney General of Pakistan over the Adiala Jail missing persons case.

The three-member apex court bench, headed by Chief Justice Iftikhar Muhammad Chaudhry, resumed the hearing of the case regarding missing prisoners from Adiala Jail.

During the hearing, the chief justice inquired witnesses from the chief secretary and home secretary Khyber Pakhtunkhwa against the missing persons.

Home Secretary KP Azam Khan informed the court that a machine gun, nine stain guns and 3-MM pistols were recovered from their custody.

The chief justice remarked that if the prisoners were arrested with arms then the First Information Report (FIR) should have been lodged in the same area police station where they were captured.

Azam Khan said that the prisoners would be locked in detention centres and after that their trial would then be started.

Justice Sheikh Azmat Saeed questioned that how long they would be kept in detention centres and there is no law to detain anyone for indefinite period.

The home secretary said that under Action in Aid of Civil Power 2012 law, army can detain any person for indefinite period.

Justice Azmat Saeed remarked that the court has understood the entire situation and vows to ban this law.

The counsel for Human Rights Commission Asma Jahangir apprised the court that these detention centres are under the control of country’s armed forces. The chief justice said that the court would summon the authorities of these detentions centres to inquire why they were illegally detained. The terrorist activities are fact but the security institutions should work under the law of land, he added.

He said that according to regulation-8, the controlling authority of these detention centres were the Governor.

During the course of proceedings, two prisoners namely Ibrahim and Hidayat Shah were presented before the court from Malakand fort and the first one was punished for 3 years and the later was awarded three and half year punishment.

Tariq Asad counsel for the petitioners informed the court that out of seven prisoners two, Basit and Majid were sent for two year jail and five were sent jail for 14 years on the order of tehsildar.

Later, the court adjourned hearing of the case till May 14.[SUB][/SUB]

 

[Argus Panoptes]

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The home secretary said that under Action in Aid of Civil Power 2012 law, army can detain any person for indefinite period.

Justice Azmat Saeed remarked that the court has understood the entire situation and vows to ban this law.

The counsel for Human Rights Commission Asma Jahangir apprised the court that these detention centres are under the control of country’s armed forces. The chief justice said that the court would summon the authorities of these detentions centres to inquire why they were illegally detained. The terrorist activities are fact but the security institutions should work under the law of land, he added.

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The bold lines are interesting.

The Home Secretary claims authority to detain any person for an indefinite period by the Army under the AACP 2012 law. The court says it plans to ban this law. Then the Chief Justice inquires as to why these persons are detained illegally. But then he tells them to work under the law of the land, when it is evident that the AACP 2012 is also part of that.

If the law is in force, then how can the detentions be illegal? If the law is unconstitutional, then why has the court not done anything about it yet?

This circus is run by fools and knaves, it seems to me.