ISLAMABAD - The Supreme Court on Friday granted two-month time to Inter-Services Intelligence for removal of blockades in the name of security from the Khayaban-e-Suhrwardy Abpara Road where the intelligence agency’s headquarters is situated.
The top court also rejected the request of ISI wherein it requested to grant 10 to 12 months time to devise a plan for alternative security measures at the ISI Headquarters and thereafter a detailed plan along with timeframe for alternative security arrangements will be submitted before the court.
The court observed that protection of ISI was important but different standards for common people and ISI could not be adopted.
The Ministry of Defence while challenging the July 22 order of Islamabad High Court (IHC) had stated that upon deterioration of security situation in Pakistan from 2008 onwards, the ISI offices and personnel had been prime targets for enemies of Pakistan as well as terrorist forces and organisations.
“ISI offices in Lahore, Peshawar, Sukkur, Swat and Multan were attacked resulting in loss of precious lives and property due to absence of suitable security apparatus and buffer zones between the installations and roads being used by general public. Therefore, appropriate actions were necessary to protect its headquarters in Islamabad through a buffer zone to show a stand-off distance between roads meant for general public and the ISI headquarters,” the ministry had contended in its appeal.
“As directed by the Court, planning process to remove the security arrangements from the Khayaban-e-Suharwardy road in front of ISI Headquarters has already been commenced. However, in view of multiple technical and operational details involved, foolproof planning with all require experts opinions and feasibility studies etc., which will take approximately 10-12 weeks. We will be able to present to the Court plan to shift/remove security apparatus after 10-12 weeks.”
A three-judge bench headed by Chief Justice Mian Saqib Nisar and comprising Justice Umar Ata Bandiyal and Justice Ijazul Ahsan took up the matter for hearing.
Deputy Attorney General Syed Nayab Gardezi informed the bench that ISI was the premier national security agency which had dedicated itself to protect the country from enemies of Pakistan operating from outside as well as within the country.
He informed that the duration of approximately 10 to 12 weeks was required to plan for removing the blockades and alternate security measures.
The bench rejected the request and chief justice observed that either erect a bombproof wall or shift the entire office.
He further observed that ISI was directly related to the defence of the country and safeguarding it was imperative but the variable standards for a common person and ISI could not be adopted.
The CJ remarked that the ISI would have much resources and it could open the road within a month.
The bench then summoned the Director General Counter Intelligence General Faiz Hameed and adjourned the hearing till his arrival. Later the top court again took up the case after arrival of General Faiz.
The CJ told General Hameed that the issue pertained to encroachments. Chief justice, however, remarked that the court had respect for Army but the judiciary was above all institutions of the state.
Chief justice directed General Hameed to convey his higher officials to not to feel embarrassment on appearances in courts. We are aware of the ISI's importance, the Chief Justice observed while acknowledging its value.
But, he further observed, that rule of law will have to be prevailed in every condition, adding the directives regarding removal of encroachments had been issued by this court. General Hameed in an affirmative gesture said: “true sir”.
The CJ observed that the IHC had summoned DG ISI but this court had already given directions regarding removal of barricades, adding since the case was pending adjudication before this court the high court could not take up the similar case.
He asked the general if he knows what his people stated at the bar. He then himself continued and said that they requested for 10 to 12 weeks to only plan for opening of road. "Are you enjoying yourself being in the court?," the CJ asked. To this General Hameed smilingly responded that it was his first time to appear in court.
He, however, said that the rule of law was essential and his institution honoured the courts.
He explained that sensitive equipment had to be shifted to another place for which a period of six months was requested.
The top court, however, granted two-month time for removal of blockades from the road in front of headquarters.