The Supreme Court on Monday directed the attorney general to hold a meeting with the authorities concerned to inform them that if they were required to arrest or detain any person found involved in an offence against the state or nation or in violation of any substantive law, he should be dealt with in accordance with relevant provisions of law, as no permission could be given for illegal detention of anyone. A three-member bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Khilji Arif Hussain and Justice Tariq Pervez heard an abduction case of Omar Muhammad Wali Khan who was kidnapped on March 10.
During the hearing, the chief justice observed that even if a person was arrested on allegations, he should be dealt with in accordance with the law. On March 16, Tariq Asad advocate submitted an application during the missing prisoners’ case, complaining that on March 10, Umer Muhammad Wali Khan, who was voluntarily providing food to the relatives of the detainees, holding a protest camp near the Parliament House, was picked up and his whereabouts remained unknown. The court had then directed the Islamabad IGP to investigate the matter and produce before the court Omar Muhammad Wali Khan by March 19. On Monday, Islamabad IGP Bani Amin Khan presented before the court a report about 16-year-old Umer Muhammad Wali Khan who was picked up on March 10 and released after six days.
The boy was also produced before the court along with his father. The IGP said the boy returned home on Saturday after police sought help from agencies, but it was not sure who had held him. “No one is above the law,” the chief justice said, adding that even if someone was arrested on allegations, he should be treated per law.
The chief justice also observed that people working in the agencies were also Pakistanis, so they should render their work in accordance with the law.
Tariq Asad, counsel for the petitioner, praised the role played by the court in recovery of Omar Muhammad Wali Khan, saying the recovery was a miracle.
The court in its order ruled that it was a fundamental right of every citizen of Pakistan that he shall not be deprived of life and liberty and saved in accordance with law. “The State of Pakistan, being guardian of its citizens, is bound to implement the constitutional provisions in letter and spirit, particularly fundamental rights, which are guaranteed by the Constitution. It is also an inalienable right of all the citizens that they should be dealt with in accordance with law following the mandate of due process of law, as enshrined in Article 10A of the Constitution,” the court ruled.
Bani Amin told the court that Umar Mehmood Wali Khan had been recovered due to his formal and informal efforts. On a court query, he stated that “agencies had abducted Khan” and that he made a request to his counterpart for helping him to trace out the abducted boy.
Asked whether he contacted the Punjab IGP for this purpose, he said he contacted ISI and when he was asked to disclose who was involved in the abduction, he again replied that he contacted all three agencies i.e. the ISI, MI and IB.
Umar, who was present in the court along with his father, stated that he was not in a position to disclose the name of the persons, however, he said they had been interrogating him for a period of six days.
“In such state of affairs, we have to show great concern about the life and liberty of our citizens. We are pointing out that if any one, whosoever he may be, is found involved in an offence against the State or Nation, he deserves no leniency or compromise and is required to be dealt with in terms of Article 10A of the Constitution, but simultaneously it is the duty of the State to protect the life and liberty of the citizens”, the court ruled in its order.
The court observed that undoubtedly, in the instant case, the detainee had been recovered on account of the efforts made by IGP, Islamabad, but the question arises that how long such exercise shall continue. The court directed the IGP to thoroughly examine the case and reach to the correct conclusion within a period of two weeks and submit report to the Registrar and thereafter, if need be, this case/application shall be fixed for further proceedings.
During the hearing, Mahmood Ahmed Khan, father of Omar told the court that he and his family members were still terrified, fearing that it may happen again.
The court however, observed, that he should not feel any such apprehension because if he or his son was found involved in any criminal activity, the law would take its course.