Since no evidence has been presented, the Chief Justice of Pakistan on Tuesday stated that the Adiala jail prisoners cannot be imprisoned.
Chief Justice Iftikhar Muhammad Chaudhry heading a bench hearing missing Adiala Jail prisoners’ earlier said that the prisoners will be jailed if evidence is found against them.
Counsel for Inter-Services Intelligence (ISI) Raja Irshad was asked to present the order authorizing agencies to keep the prisoners for indefinite time.
When Irshad told the court that accused were sent to detention centers according to the law, Chief Justice said that fair trial and fundamental rights clauses should be eliminated and if left to their discretion, there would be no courts in the country.
Earlier on Monday, Irshad had said that agencies were convinced that missing persons in question were involved in terrorist activities.
Counsel for the petitioner had said that the lawyer of agencies had given in written that these people were involved in terrorist activities and would be tried under Army Act.
On this, Raja Irshad said they were not tried under Army Act.
The Chief Justice remarked that trial is carried out on the basis of evidence, if there is no evidence then how can there be a trial?
Chief Justice said action would be taken against those responsible if the detention was proved illegal.
No evidence means no imprisonment: CJP
