SC orders agencies to release 7 Adiala inmates

The Supreme Court on Monday ordered the government to resolve the issue of Adiala jail missing prisoners until Tuesday (today).
The 11 prisoners went missing from the gate of Rawalpindi’s Adiala Jail on May 29, 2010 after they had been acquitted of terrorism charges regarding their alleged involvement in the 2009 attacks on GHQ and ISI’s Hamza Camp in Rawalpindi. Later, four of the 11 died under mysterious circumstances and the remaining seven were produced before the court. They were sent to Lady Reading Hospital Peshawar on court orders. After five of them recovered, they were shifted to an internment centre in Parachinar. A three-member bench, headed by Chief Justice of Pakistan Iftikhar Chaudhry, heard the missing prisoners’ case. During Monday’s hearing, the CJP said that the court could not allow anyone to toy with people’s lives. Justice Chaudhry asked about the grounds for the prisoners’ detention to which the counsel for the Inter-Services Intelligence and Military Intelligence, Raja Irshad said that the intelligence agencies had morally agreed that the missing prisoners were involved in terrorism and the prisoners had been placed in detention under existing laws.
The CJP said the constitution protected the fundamental rights of the people and observed that four of the 11 prisoners had died. He added that four of the remaining seven prisoners were severely ill. Justice Chaudhry said who would be responsible if any of the four ailing prisoners died. He added that either the prisoners should be tried as per law or should be released. Tariq Asad, the petitioner’s counsel, said the lawyer of agencies had given in written that these people were involved in terrorism and would be tried under the Army Act.
Irshad said they were not tried under the Army Act. The CJP questioned Deputy Attorney General (DAG) Dil Muhammad Alizai as to what evidence had been found against the prisoners. Alizai informed the court that the Review Board evaluates every case after 120 days it is brought at the detention centre. He said further there was proof against the detainees, adding that the FATA secretary should be summoned as he would be able to produce the relevant record. The CJP said neither the federal and Khyber Pakhtunkhwa governments nor the intelligence agencies were responding clearly on the matter. Addressing Irshad, Justice Chaudhry said the intelligence agencies were answerable to the court. He asked Irshad as to what action had been taken against the prisoners who had been in detention since 2006. Irshad said the intelligence agencies were convinced that the detainees were involved in terrorism. The counsel added that due to the absence of requisite evidence the detainees had not been tried under the Army Act. In his remarks, Justice Gulzar said the detainees should be released if the authorities had no evidence against them. The CJP added that if there was any evidence against the prisoners it should be made available to the court. He said action would be taken against those responsible if the detention was proved illegal. Justice Gulzar remarked that detention could only be for a certain period of time and not indefinite. The apex court sought record of all the meetings of Review Board and adjourned the hearing until Tuesday (today).