ISLAMABAD  - The Defense Ministry on Wednesday gave assurance to the Supreme Court of Pakistan that Col (Retd) Inam-ur-Rahiem Advocate would be released if certain conditions are fulfilled.

The Ministry gave the assurance before a three-member Bench of the apex court headed by Justice Mushir Alam hearing Ministry of Defense petition against the Lahore High Court order dated January 9, 2020.

The retired Colonel was picked up by a security agency from his home in Rawalpindi on Dec 17, 2019.

During the hearing, Attorney General for Pakistan (AGP) Anwar Mansoor informed the court that Rahiem was unwell and had been taken to the hospital multiple times.

He said that the Advocate would be released if his counsel agrees to surrender his passport and share his laptop’s password with the Ministry.

The AGP further said that Col (Retd) Inam should also agree to not venture outside the twin cities of Islamabad and Rawalpindi.

Mansoor maintained that if these conditions are acceptable to his family then he would be released.

He said that they could not open Col Inam’s Laptop.

The Attorney General told that Col Inam is not well and has to be taken to hospital and ,added, that these things are hampering the investigation.

Sheikh Ashsan-ud-Din, counsel of retired Colonel, said that one month and eight days have passed and still the authorities could not produce any material against Col Inam.

Later, the court adjourned hearing in this matter for two weeks.

It was January 9 when Justice Mirza Viqas Rauf of the LHC Rawalpindi Bench had declared the detention of Col (Retd) Inam, illegal and ordered his immediate release.

“The detention of Inam- ur-Rahiem, Advocate, with the army authorities is illegal and unlawful. He shall be released forthwith,” said the order.

The Lahore High Court’s Rawalpindi Bench on January 10 rejected an intra-court appeal filed by the Defence Ministry against the Single Judge Bench order.

Col Inam’s son (respondent) had filed a writ petition of Habeas Corpus before the Lahore High Court, Rawalpindi Bench, challenging the forced disappearance of his father.

The Ministry of Defence in its report/comments filed before the LHC disclosed that the father of the respondent was apprehended by military authorities under Section 2(1) (d) read with Section 59 and 73 of Pakistan Army Act, 1952, and Official Secrets Act, 1923 and the investigation is under process.

The petition said that the High Court has erred to interpret the laws and procedure of special laws.

The LHC has overlooked the legal position that in a case of Habeas Corpus, when the detenue has been declared in lawful custody of military authorizes as apprehended under Pakistan Army Act Section 2(1)(d) read with Official Secret Act 1923 then such petition became infructuous.

It added that the Single Bench of LHC, Rawalpindi Bench, has decided the case in a hasty manner without observing the legal provisions and laid down procedure of arrest, detention and investigation under the Pakistan Army Act, 1952, Pakistan Army Act Rules 1954 and Official Secret Act 1923 in its true perspective and spirit.

It continued that the High Court has also overlooked the which that any person including a retired Army officer, if committed any offence, which is an offence under Pakistan Army Act 1952 and Official Secrets Act 1923 in relation to the affairs of armed forces, the person would be subject to the Pakistan Army Act and can be arrested/detained for investigation, collection of evidence and trial if recommended in the matter.