During hearing of the Adiala missing persons case at the Supreme Court, Attorney General Irfan Qadir revealed that security agencies were holding at least 700 people indefinitely without trial in connection with the “war on terror”.
A three-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry resumed hearing in the case on Thursday, with the CJ saying that if the court came to a decision in the case, it would not be “merely a piece of paper”.
The CJ said the ISI had given a written statement that there was no evidence against these prisoners. But FATA Secretary Nasir Jamal said illegal arms and hand grenades had been recovered from the detained men.
Tariq Asad, counsel for the accused, contended if prisoners were in agencies’ custody, where had the arms come from.
The AG said none of the suspects could be freed until the end of operations in the Tribal Areas and declined to say how long they had been in custody.
“There are about 700 people detained in the Tribal Areas and they cannot be released until the ongoing military operations in those regions conclude,” Qadir told the court.
“The detained men can be handed over to authorities only after the operation is halted.”
He also said that the detainees would be tried under the Frontier Crimes Regulation (FCR).
The CJ asked the attorney general how would the cases be tried under the FCR, questioning the basis upon which the prisoners had been detained.
“These people cannot be kept in illegal custody for an indefinite period because it is against the constitution and basic fundamental rights,” the CJ said.
“We do not say that you release them… we want you to try them in accordance with the law,” he added.
In his remarks, Justice Iftikhar said the prisoners should be released on their own as there would be implications in case the court issued ordered the same, prompting the AG to request for time to find a way out for the prisoners.
Addressing Qadir, the CJ remarked, “There is no evidence against these prisoners.”
The AG then said the court could give the decision and free them.
The CJ said, “This is an issue of human rights. If the decision comes in the case of these jail inmates, the consequences would have to be faced. This will not be merely a piece of paper.”
“You should express gratitude that democratic order is in place in the country and your appointment has been made during a democratic era,” he added.
The AG then sought a week’s time to review the case. The bench accepted the request and adjourned the proceedings until January 28.