Expressing dissatisfaction with a report submitted by spy agencies on 11 missing prisoners of Adiyala Jail, Chief Justice Iftikhar Muhammad Chaudhry on Thursday sought the law which empowered the agencies to detain people without proof and observed that if parliament had not done its job properly, there would have been martial law imposed in the country today.
Heading a three-member bench consisting of Justice Khilji Arif Hussain and Justice Tariq Parvez, the CJP observed that the report submitted by the spy agencies did not have any proof for detaining the prisoners in accordance with the law. The court admonished Raja Muhammad Irshad, counsel for the ISI and MI, when he criticised the incumbent parliament, saying it had failed to redress the problems being faced by the people. “What are the parliamentarians doing while representing the people who gave them mandate?” Raja Irshad said in a sentimental tone, when the court asked him to state the law under which the spy agencies could detain people without legal requirement. “Don’t be emotional and keep in mind that if the parliament had not done its job properly, there would be a martial law in the country today,” the chief justice said. Justice Khilji Arif Hussain asked the lawyer whether he was saying this on behalf of his client or in his personal capacity that parliament was not doing its job well. Irshad, however, stated that he was stating that in his personal capacity. When the lawyer tried to elaborate the sacrifices of the intelligence agencies to protect the supreme interest of the country, the chief justice said if agencies were claiming protecting the interest of the state, the judiciary was more determined to protect the supreme interest of the state, rule of law and supremacy of the constitution.
“Provide us a law which empowers spy agencies and police to detain a person without fulfilling legal requirements,” the chief justice asked, observing that if prisoners were involved in any act of terrorism, their involvement should be proved in accordance with the law. “This is our country also and everyone here is a patriotic citizen and ready to render sacrifice for protection of the motherland,” Justice Khilji Arif Hussain remarked. He said it was a “pathetic thinking” of those who thought only they were superior for caring about the integrity of the motherland. “Your reply indicates that we have committed a sin while asking for your reply in the instant case,” Justice Khilji Arif Hussain asked Irshad.
According to the report submitted by the agencies, amongst many others, the arrest of 11 persons was carried out after a convoy of security forces was ambushed in an operational area. It said the custody of detainees was with the security agencies for their trial under the provisions of Army Act, 1952 after investigation. The court, however, expressed dissatisfaction over the report and asked Raja Irshad to provide the court a law under which secret agencies could detain people without any proof.
The chief justice asked him that he had not mentioned in the report as to which agency had detained the prisoners. Irshad contended that the agencies had no enmity or grudge against anyone or any section of the people, but could not shut their eyes to the rebellious acts of internal and external elements involved in acts of high profile terrorism.
“How we can ignore the constitution and how we can answer the public who have grave concerns about the issue,” the chief justice said.
He added that whatever the secret agencies had done, they would have to produce the evidences in court.
“Look at the province from which I belong, people have grave concerns about day to day incidents in which bodies of the people are being found in streets and secret agencies are being blamed for the instability,” the CJ said. He said he would be thankful to God if the remaining seven detainees were saved. “But what about the mother who died of shock after knowing about the death of her son in custody,” the chief justice asked Irshad.
Irshad, however, submitted that he had brought the court’s concerns about the missing persons into the notice of the authorities concerned and they (authorities) were also cautious of the burning issue.
The chief justice asked him to provide the court a law under which his clients had detained the prisoners. “We cannot remain oblivious as we have taken oath under the constitution and we have to protect it,” the chief justice observed.
During the proceedings, the court appreciated Khyber Pakhtunkhwa Chief Secretary Ghulam Dastagir for his report on the circumstances under which the detainees were allowed to be admitted to the Internment Centre by the internment authority on January 26, 2012. Later, the court adjourned further proceedings until March 16.