ISLAMABAD - An application has been filed in the Supreme Court on Friday for the release of prisoners who were allegedly picked up by the agencies outside the Adiala Jail following their release.

Rohaifa, mother of three prisoners who are presently in the custody of respondents, including the Federation, Director General ISI, Director General Military Intelligence, Judge Advocate General (JAG) Department and Commanding Officer of the accused, along with others filed the application through Tariq Asad Advocate.

The petitioner claimed that her three sons - Syed Abdul Saboor, Syed Abdul Basit and Syed Abdul Majid - along with other persons were still in the confinement of the respondents in an unlawful manner. She stated tat three prisoners out of 11, picked up by agencies, have died during the confinement.

One boy Muhammad Aamir was killed on 15th of August 2011, Tashinullah on 17th of December 2011 and third one Said Arab died on 18th of December 2011 and their dead bodies were handed over to the relatives in the Lady Reading Hospital, Peshawar.

The Anti-Terrorism Court, Rawalpindi, on April 8, 2010 had acquitted the prisoners from all the charges framed against them by the police. Before their release, the detention orders under sub-section 1 of Section 3 of Maintenance of Public Order (MPO) Ordinance were issued by DCO, Rawalpindi and the detention was extended for further 90 days by the Punjab Secretary Home Department. But Lahore High Court set aside the detention orders and order for their release. The day the 11 prisoners were released from Adiala were allegedly picked by the agencies.

He prayed that the respondents be directed to file a complete report before the apex court about the deaths of Muhammad Aamir, Tehsinullah and Said Arab, and the proceedings of trial so far conducted against them and the other surviving detenues.

The petitioner said that the detention of her sons and others is the violation of Article 4, 10, 10-A and 14 of the Constitution, and questioned is it right that they be tried again for the same offences in which they had already been acquitted.

Rohaifa prayed that the Supreme Court call the whole record of proceedings and determine, in view of the laws of the land whether the detenues, namely Syed Abdu Saboor, Syed Abdul Basit, Syed Abdul Majid and all the deceased and the surviving detenues were/are subject to Army Act?

If the detenues are subject to Army Act, declare that the arrest and detention and the proceedings of trial are not in a lawful manner and direct the Respondents to set the detenues at liberty in the interest of justice and fairplay, in case, after probe, it is found that the arrest and proceedings have not been conducted in accordance with law, then declare that the detenues were in illegal confinement and subjected to torture.

She also prayed if the superior courts are not able to give relief to the citizens of Pakistan; “then the petitioner humbly submits with respect to this august court that the respondents may be directed to kill them immediately and hand over her sons’ dead bodies so that she may be able to bury them in her life time as she is also so sick to be at the death’s door and may not bear their pain any further, instead of giving them so prolonged torture by slow poison and torture.”