The Islamabad High Court (IHC) on Wednesday summoned the Adiyala Jail superintendent on August 26 in a habeas corpus petition filed by two prisoners against their “illegal” detention.
A single bench of Justice Riaz Ahmed Khan heard the case. Making Islamabad district magistrate, Federal Investigation Agency deputy director and Adiyala Jail superintendent respondents, the petitioners, through their lawyer, challenged their detention in Adiyala Jail after the Lahore High Court Rawalpindi Bench and the Anti- Terrorism court had absolved them in terrorism cases.
The petitioners, Muhammad Alyas and Muhamamad Ramzan, were arrested in 2008 by the Rawalpindi Police for their alleged involvement in killing Lieutenant General Mushtaq Baig and attacking an army bus in RA Bazaar area of Rawalpindi that killed and injured dozens of security officials in 2008.
While they were also accused of carrying out a bomb blast at the Danish embassy and attacking police officials in Melody Market, Islamabad.
The defence counsel, Zahid Mahmood, contended before the court that his clients were illegally detained in the Adiyala Jail because they were acquitted from all the cases registered against them. However, Adiyala Jail authorities had been keeping them in prison under Maintenance of Public Order (MPO), the lawyer said. He maintained that the petitioners had been declared innocent by competent courts but they were still in jail, which was unlawful.
“Without committing any illegality, without violating any minor law of this country, the petitioners are behind bars for the last three years and their children are awaiting the return of their fathers,” the counsel argued. He requested the court to order the petitioners’ release. After hearing the argument, Justice Riaz Ahmed Khan issued notices to the respondents and directed superintendent of Adiyala Jail to appear in person in the court on August 26. Islamabad High Court Chief Justice Iqbal Hameedur Rehman on June 28 had ordered for the release of seven accused men who were jailed after their acquittal from courts and they were released June 30.
