ISLAMABAD - The Supreme Court of Pakistan Tuesday disposed of Defense Ministry’s appeal against the Lahore High Court (LHC) order regarding arrest of Advocate Col (retd) Inamur Rahim.
A three-member bench of the apex court headed by Acting Chief Justice Umar Ata Bandial conducted hearing of the ministry’s petition against the LHC order dated January 9, 2020, regarding detention of Col (R) Inam. The retired army officer-turned-lawyer was picked up by a security agency from his home in Rawalpindi on December 17, 2019. He, however, was released on January 24, 2020, following the assurance given by former AGP Anwar Mansoor Khan to the apex court.
Justice Mirza Viqas Rauf of LHC Rawalpindi bench had declared the detention of Col (retd) Inam illegal and ordered his immediate release on January 9, 2020. “The detention of Inamur Rahim with the army authorities is illegal and unlawful. He shall be released forthwith,” said the order.
During the hearing, Justice Qazi Amin quoted the defence ministry as saying that Rahim’s arrest was not required. Attorney General for Pakistan Khalid Javed Khan regretting over the enforced disappearance said, “I am sorry for the treatment meted out to Col (retd) Inamur Rahim.”
Justice Bandial says arrested person released after LHC decision, then why should the apex court decide about legal clause at this point
He added, “Our concern is only based on the observations made in the Lahore High Court verdict”. The attorney general told that the Army Act does not apply to an apprehended individual before an indictment. At this, Justice Qazi Amin said, “The case had become ineffective after the arrested person’s release.” Justice Bandial added that the arrested person has been released after the high court’s decision. He further said that then, why should they decide about the legal clause at this point.
The Defence Ministry had approached the apex court against the High Court decision. The LHC Rawalpindi bench had ordered military authorities to release Rahim.
Former Attorney General Anwar Mansoor Khan, on January 14, 2020, had told a three-member bench headed by Justice Mushir Alam that Rahim was part of a spy network and a number of individuals belonging to that ring were still wanted.
However, in a sudden change of heart, the government had decided to release Rahim on medical grounds, as he was not in good health and had to be admitted to the hospital multiple times. Advocate Col (retd) Inamur Rahim was arrested by the defence ministry on charges of espionage. He was picked by military authorities on December 17, 2019. Rahim was known to pursue cases of missing persons. He had also challenged an extension in the job tenure of former army chief Gen (R) Ashfaq Pervez Kayani. He had also approached the National Accountability Bureau against the former president Gen (retd) Pervez Musharraf.