ISLAMABAD - The Supreme Court on Thursday sought complete record from spy agencies regarding missing prisoners, who were allegedly picked up by them outside the Adiala Jail in 2010 and later on shifted to Internment Centre of tribal area.
“The constitution is the source of law in the country. No prisoner can be held without concrete evidence,” the court has observed. It asked Attorney General for Pakistan Irfan Qadir to go through the relevant record of the case and assist the court over its jurisdiction in the Federally Administered Tribal Areas (FATA).
A three-member bench of the apex court, headed by Chief Justice of Pakistan Iftikhar Muhammad Chaudhry heard a petition, moved by late Mst. Rohaifa Bibi for release of her two sons. During the course of proceedings, the chief justice told Raja Muhammad Irshad, counsel for the secret agencies, that the issue was very serious as it involved killing of four missing prisoners of Adiala Jail.
He added that if there was evidence that the prisoners were being involved in attacks on security installations then they should be held accountable.
 He said that lack of evidences meant acquittal.
The CJP said that they had a confidential report submitted by Chief Secretary Punjab, which could be shared with him in camera. The top official of the Punjab government had provided evidences that these people were whisked away by the secret agencies personnel.
“If you have any incriminatory evidences, produce them before the courts and in case of solid evidences, they will not be released,” he added. Raja Irshad said that till this day, a missing person was always a missing one. The CJ asked him in which court, these prisoners had been tried and under what laws they were sentenced.
The learned counsel replied that these people were not tried under Army Act due to lack of evidences; moreover, they were in custody of the provincial government. Further hearing was adjourned for three weeks time.
Late Roahifa Bibi had moved an application through her counsel Tariq Asad praying the Court to issue direction to the concerned authorities for release of her two sons detained under Actions in Aid of Civil Administration Regulations, due to lack of evidences over their involvement in terrorists activities in tribal areas.