Missing Adiala jail prisoners presented in SC

[Devil Soul]

Missing Adiala jail prisoners presented in SC

May 14, 2013 - Updated 1223 PKT
ISLAMABAD: The Supreme Court has ordered to keep the missing prisoners from Adiala Jail in protective custody and allow for arrangements to meet their family members.

Seven missing prisoners were presented before the three member bench headed by Chief Justice Iftikhar Mohammad Chaudhry hearing the Adiala Jail missing prisoners case.

During the hearing the prisoners stated that they were taken to three different jails including Kohat, Bannu and Peshawar jail within a span of fifteen days, adding that they were sentenced without being presented before the court. According to the prisoners they were being held in Adiala Jail the day we were meant to be released.

Justice Ejaz Afzal said according to the record the prisoners were sentenced on May 4 when they were scheduled to appear before the court on 14 May. He further questioned as to how a prisoner can be sentenced without trial and if a political agent had the right to sentence a prisoner.

Meanwhile, Chief Justice Iftikhar Mohammad Chaudhry said a fair trial should be ensured according to Article 10-A.

The hearing of the case has been adjourned till 20 May.
Missing Adiala jail prisoners presented in SC | Pakistan - geo.tv

 

[Argus Panoptes]

The Supreme Court has quite the dilemma in providing justice to thise persons, it seems:

Missing persons are killed if court intervenes: CJ - thenews.com.pk

Missing persons are killed if court intervenes: CJ

Shoaib A Raja
Wednesday, May 15, 2013
From Print Edition

ISLAMABAD: Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry on Tuesday observed that the missing persons are killed on intervention from the court.

Heading a three-member bench of the Supreme Court, the CJ issued this observation during a hearing into suo moto case of missing prisoners of the Adiala Jail. The apex court also directed the authorities concerned to submit attested copies of the record of trial of these seven prisoners and asked the attorney general to assist the court on the next date of hearing.

The seven were produced before the court but the political agent of Orakzai Agency did not appear upon which, the court showed dissatisfaction. The court ordered protective custody for these prisoners. During the proceedings, the CJ asked Advocate General Khyber Pakhtunkhwa to apprise the court what was the case against these prisoners. He said, “Don’t play with the liberty of the poor masses. You are making fun of the poor masses’ freedom. You have nothing in your hands but are keeping them in detention and humiliating them for no reason.”

He observed that if these people were found innocent, all those responsible for their detention would be suspended. He asked the prisoners if they had been produced in any court of law. The advocate general submitted that for the last three years, they were not produced before any court. He submitted that two of them were charged with keeping explosive materials and were given five-year imprisonment and Rs100,000 fine each. In case of non-payment of fine, their imprisonment will be increased by one more year.

He said five of the prisoners faced trial under the FCR 121 (A) and 122 of the PPC and were given sentences for sentence for 14 years and Rs100,000 fine each.The seven prisoners include Abdul Basit, Abdul Majid, Muhammad Mazharul Haq, Niaz Ahmed, Abdul Bari, Muhammad Shafique, Gul Rose and Shafiqur Rehman. They told the CJ they were never been produced before any court and know nothing about their trial. “However, a Tehsildar ranked officer visited us in the jail and told us our sentence,” they submitted before the court. Additional Secretary Law and Order of FATA appeared before the court and submitted that they were trialed together and the relevant record will be provided to the court on the next date of hearing.

The CJ observed that how they could be trialed together and directed him to trial them one by one. He directed that the prisoners should be given the right of fair trial, guaranteed under Article 10 (A) of the Constitution. He directed the authorities to let their relatives visit them and they should be given all facilities which other prisoners were enjoying in the jail. The case was adjourned till May 20.

The seven were arrested in November 2007 on terrorism charges but acquitted in May 2010. Shortly afterwards they disappeared and their families petitioned the Supreme Court to track down their whereabouts.

AFP adds: The prisoners’ lawyer, Asad, told AFP after the hearing that the Supreme Court should have ordered his clients’ release. All the suspects have professed their innocence. The case originally concerned a group of 11 men but the court was told last year that four of them had died. Amnesty International says Pakistan’s military had arbitrarily detained thousands for long periods with little or no access to due process.

Attorney General Irfan Qadir in January said security agencies are holding at least 700 people without trial in connection with terror charges. He said none of the suspects could be freed until military operations end in the tribal belt, and declined to say how long they had been in custody.

 

[Argus Panoptes]

@Awesome @Aeronaut @nuclearpak and others

If we do not speak up for due process and justice for these individuals, then how can we have the moral grounds to demand justice for ourselves?

 

[Kompromat]

Spooks know the best: Judge,Jewry,Executioner.

"Qua't e akhua't e awam"

 

[Argus Panoptes]

Spooks know the best: Judge,Jewry,Executioner.

"Qua't e akhua't e awam"

So you think that the Supreme Court should drop this case and let the ISI act as judge, jury and executioner?

 

[Kompromat]

@Argus Panoptes

Whats the supreme court,never heard of it.

 

[Argus Panoptes]

@Argus Panoptes

Whats the supreme court,never heard of it.

hahhahaaa. Theek kaha bhaijan, there is no supreme court in north korea!

 

[Jango]

Can somebody provide some background of this case, specific to Adiala? Is this a continuation of the previous missing persons case?

Another thing to note, the FCR was used to prosecute these people, just another reason why this rule should be abolished.