SC moved against ISPR DG for interfering in sub-judice matter

A petition was filed with the Supreme Court on Tuesday seeking initiation of contempt of court proceedings against Inter-Services Public Relations (ISPR) Director General Maj Gen Athar Abbas for his alleged interference in a sub-judice matter involving illegal custody of 11 missing prisoners of Adiyala Jail, four of which have died.
The petition was filed by Tariq Asad, counsel for missing prisoners, under Article 204 of the constitution read with Sections 3 and 4 of Contempt of Court Ordinance, 2003, making the ISPR DG as respondent.
The petitioner prayed the court to initiate contempt proceedings against the respondent for his interference and prejudice towards the process of law in the course of under adjudication judicial proceedings in missing prisoners’ case.
He said four missing prisoners died under mysterious circumstances during their illegal confinement by the spy agencies. However, he said after repeated orders of the court, when the remaining seven missing prisoners were produced before the court on February 13, 2012, the court had directed Attorney General Maulvi Anwarul Haq and Raja Muhammad Irshad, counsel for Inter-Services Intelligence (ISI) and Military Intelligence, to procure record to satisfy the court about their detention prior to January 26, 2012 and also as to whether they were proceeded again under any provision of law and if so, what was the result. Similarly, he said the Khyber Pakhtunkhwa (KP) chief secretary was also directed to collect the relevant record to satisfy the court that under what circumstances the detainees were allowed to be admitted in Internment Centre at Parachinar by the internment authority, who is the KP governor, because such an action could only be taken through an order passed by applying judicial mind, as mentioned in the regulations.
He said the court had pointed out that there were proforma, required to be filled in, before admitting the persons in the Internment Center. He said the court had sought all the relevant record and fixed the case for March 1, 2012.