Spy masters get SC call

TERENCE J SIGAMONY ISLAMABAD The Supreme Court on Friday while issuing notices to the heads of three top intelligence agencies in kidnapping of prisoners from Adiala Jail, directed their chiefs to submit para wise comments by November 25. Attiq-ur-Rehman and others in their petition have made Director Generals of Intelligence Bureau, Inter-Service Intelligence and Military Intelligence, Chief Secretary Punjab, Superintendent, Central Jail and SHO Sardar Baruni as respondents. A three-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry and comprised Justice Tariq Pervaiz and Justice Ghulam Rabbani was hearing the case of 11 prisoners who were allegedly picked up by the agencies outside the Adiala Jail. The Chief Justice asked Attorney General of Pakistan (AGP), Maulvi Anwar-ul-Haq, that if he wanted to go through the report, which was lying with the Supreme Court Registrar Office, he could do so for the purpose of perusal. But ordered him not to disclose the contents of the report without the approval of the apex court. In the last hearing, Chief Secretary Punjab, Nasir Mehmood Khosa, appearing before the court had submitted a report with the Supreme Court. At the outset of the proceeding, the APG informed the court that he had held meetings with the concerned quarters and the Interior Secretary and they had told him that the missing prisoners were not in their custody. Maulvi Anwar said whereabouts of the prisoners were still unknown. The CJO in reply to AGs statement said, We have evidence, therefore, dont compel us for taking stern action. The Chief Justice asked him to file the statement of relevant officials with their signatures and said, We would also record your version. We have to see so many things in the interest of the country, as there it is great responsibility on our shoulders. We cant afford things, which become cause of conflict among the institutions, but everyone has to realise his or her responsibility. The Attorney General requested the court to hold proceeding in-camera otherwise I will submit the report through SC Registrar that will facilitate the further action. The CJP asked the AGP to submit reply in a sealed envelope. They would not have any option except to call the concerned officials and then they have to inform the court, The Chief Justice said. Punjab Chief Secretary, Nasir Mehmood Khosa, is the upright person and whenever he takes a stand he remains steadfast. The CJP warned when the replies are filed then so many things comes out, adding; The material the court has, is in seal envelope and in safe custody and contains so many things. The Superintendent and the Deputy Superintendent of Adiala Jail have also got their statements recorded. There were certain things, which are not stated but others need to understand them. Dont put the case in further controversy and try to understand the gravity of it. The CJP further stated that when the Chief Secretary would stand in the witness box and inform the court about the facts then the whole world would see. The CJP directed the AG to follow the due process of law and added, 'you are an experienced person, therefore, must know how to resolve the case. The Chief Justice said, We have taken oath to protect the Constitution, as depriving people of their rights is the violation of Articles 4,9,14 and 25. The CJP asked the Attorney General to think over twice and thrice and go and consult the Ministry of Interior and the relevant quarters and inform the court within 15 minutes. After one hour the Attorney General appeared before the court and stated that no fruitful progress was made with the concern quarters. The Chief Justice then issued notices to the top chiefs of intelligence agencies and adjourned the case till November 25. It is relevant to mention here that the jail authorities had allegedly handed over 11 persons - who were acquitted due to lack of evidence regarding their involvement in five cases including attack on plane of Gen (Retd) Pervez Musharraf, attacks on Kamra and Hamza Camps, General Headquarters (GHQ) and allegation for having suicidal jackets. The Anti-Terrorism Court (ATC) had acquitted Syed Arab, Gulraiz, Hussainullah Jan and Abdul Rashid allegedly involved in Kamra suicide attacks on April 28. The same court also acquitted Dr Muhammad Niaz, Shafiqur Rehman, Abdul Majid, Mazharul Haq, Abdul Saboor, Muhammad Aamir and Abdul Basit on May 8 in Hamza Camp and GHQ attacks cases. Besides their release from the jail, DCO Imdadullah Bosal passed an order and subsequently on the expiry of that order, another order was issued by the then home secretary, Nadeem Hassan Asif. Both the orders were challenged in the Lahore High Court, Rawalpindi Bench, which had declared the orders unlawful and beyond jurisdiction. The LHC also issued an order for the registration of criminal cases against the Superintendent and Deputy Superintendent of Adiala Jail for not releasing the persons.

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