islamabad -

Provincially Administrative Tribal Administration, on the order of the Supreme Court, on Friday produced two detainees, who had been kept in the PATA internment centre since 2010, before a three-judge bench of the apex court.

The bench headed by Chief Justice Iftikhar Muhammad Chaudhry and comprised Justice Gulzar Ahmed and Justice Sheikh Azmat Saeed hearing the illegal confinement of two persons namely Ibrahim Shah and Hadyat Shah. The court directed Additional Advocate General KPK to arrange the meeting of the detenues with their family members and submit its report at SC registrar office. The chief secretary KPK was ordered to produce the reports of oversight committee meetings on the next date of hearing.

The detainees - Ibrahim Shah and Hadyat Shah - were produced before the bench in tight security and after the hearing taken back. They have been kept in internment centre PATA under the Actions (in Aid of Civil Power) Regulation, 2011, which was promulgated on 26-06-2011 with effect from February 1, 2008.

The court on the application of Tariq Asad that some of the Adiala Jail prisoners, presently detained in internment center FATA, have been awarded 5, 8 and 14 years respectively, issued notice to ISI, MI and the attorney general for Pakistan.

During the proceeding, Asma Jahangir, counsel for the two prisoners, said that the Regulation 2011 was worst than the Terrorist and Disruptive Activities (Prevention) Act, commonly known as TADA. “Due to the Regulation the provincial authority was in a fix,” she added.

Chief Secretary KPK Ghulam Dastagir Khan appearing before the court informed that Ibrahim Shah was arrested on 11-09-2010 and sent to internment center, while Hadyat Shah was taken into custody on 23-12-2009 and sent to the internment center on 31-12-2009. Both the detainees were residents of Batkhela, Malakand district.

The chief secretary informed that the accused had planned to explode the Degree College with explosive. “They were arrested from Swat and four Machineguns and 3 MM Pistols were recovered from them,” he said.

The Home Secretary PATA Azam Khan submitted a written statement and the relevant document on behalf of the internment authority, which according to him was the corps commander, while the court said under section 8 of Actions (in Aid of Civil Power) Regulation, 2011, PATA administration, which is provincial governor, was competent to issue internment order.

According to the report, which was read in the courtroom, the suspects (Ibrahim and Hadyat) are the hardcore terrorists and an FIR had been registered against them would be tried under the Anti-Terrorism Act. After every three months they would be produced before the oversight board for the examination of their health condition.

The chief justice asked the secretary to produce the FIR, saying that was the region (Batkhela) where if the policeman or army man arrests a person then they have to produce him before the trial court. The CJP inquired under what law they had been kept in the internment center. The court noted that since 2010 the family members were not allowed to meet the prisons

The Home Secretary PATA stated: “Until the Regulations 2011 holds the filed such type of things would happen,” adding “Due to Actions (in Aid of Civil Power) Regulation, 2011 their hands were tied.” He further informed that the two prisoners were in the custody of military and not the PATA administration therefore the court questions should be diverted to the actual interment authority.

Additional Advocate General KPK Naveed Akhtar said that the respondent in the main petition was Ministry of Defence, while the chief secretary and the home secretary

The case was adjourned till May 14.