ISLAMABAD – The intelligence agencies of the country on Thursday conceded that 11 prisoners of Adiala Jail were safe and alive in their custody and they would be dealt with laws under Army Act.
A three-member bench of the apex court comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Ghulam Rabbani and Justice Khalil-ur-Rehman Ramday was hearing the case of Adiala Jail prisoners who went missing after their release.
The court had issued notices to the heads of secret agencies seeking their explanation with regard to 11 missing prisoners, allegedly abducted by them. In the hearing on November 24, 2010, Attorney General of Pakistan Maulvi Anwarul Haq on behalf of the agencies had informed the court that he had approached the concerned authorities but they had denied having any information about the whereabouts of these missing prisoners.
The AGP also stated that the spymasters could not be made respondents in the constitutional petitions.
The Attorney General, however, had withdrawn the reply that the secret agencies were enjoying immunity and could not be made respondents in any case, after the court had expressed severe dismay over the reply.
Muhammad Irshad, counsel for Inter Services Intelligence (ISI), and Military Intelligence (MI) on Thursday, told the Supreme Court the impression created that Army, ISI and other agencies were above the Constitution was wrong.
He made a loud and clear verbal statement on behalf of ISI and MI and promised to submit the written statement today (Friday). He stated that Pakistan Army, ISI and any other agencies were subject to the Constitution and held the Supreme Court of Pakistan in high regard. But there are certain elements, which wanted to create misperception by saying that the Army and ISI are above the Constitution, he added.
This impression is not right, as the ISI and other agencies are bound to follow orders and judgments of the Supreme Court and they respect and appreciate the apex courtÂ’s steps, which it is taking for the supremacy of law and order and good governance.
Irshad said 11 persons, who were detained in Adiala Jail, after their release voluntarily surrendered themselves to the persons disguised as agency officials, who had taken them to their operational areas and kept them in the terrorist hideouts in order to carry out further terrorist activities across the country.
The agencies on the order of the Supreme Court and the notices issued to them by the court penetrated into the terroristsÂ’ operational areas and launched a massive operation and recovered more than 20 persons including 11 prisoners of Adiala Jail. They have interrogated them and it was found that the prisoners have deep links with the terrorists, operating in the different areas, causing serious damages in the country and killing army personnel, including three serving Army Generals and also damaging the military and defence installations. Therefore, they are no longer missing persons as they were in the custody of law enforcement agencies and being dealt with the law under Army Act and would face field court marshal.
Arshad said that the officials who had sleeplessness nights for the defence of the people and the country were being humiliated, while in India no one make statements against RAW.
The Chief Justice in response to that said: “We appreciate the Army, ISI and other agencies as they were defending the country and we also have all love and affection for them.” The CJP asked the counsel for Federation, ISI, MI and IB to submit the written statement, however he promised to file it today (Friday). The court then adjourned the hearing till today (Friday).
It is relevant to mention here that the jail authorities had allegedly handed over 11 persons to agencies- who were acquitted due to lack of evidence regarding their involvement in five cases including attack on plane of Gen (Retd) Pervez Musharraf, attacks on Kamra and Hamza Camps and General Headquarters (GHQ).
The Anti-Terrorism Court (ATC) had acquitted Syed Arab, Gulraiz, Hussainullah Jan and Abdul Rashid allegedly involved in Kamra suicide attack on April 28. The same court also acquitted Dr Muhammad Niaz, Shafiqur Rehman, Abdul Majid, Mazharul Haq, Abdul Saboor, Muhammad Aamir and Abdul Basit on May 8 in Hamza Camp and GHQ attacks cases.
Besides their release from the jail, DCO Imdadullah Bosal passed an order and subsequently on the expiry of that order another order was issued by the then home secretary Nadeem Hassan Asif.
Both the orders were challenged in the Lahore High Court, Rawalpindi Bench, which had declared the orders as unlawful and beyond the jurisdiction. The LHC also issued an order for the registration of criminal cases against the Superintendent and Deputy Superintendent of Adiala Jail for not releasing the prisoners.
The Special BranchÂ’s daily situation report (DSR) presented before the court by the Punjab Chief Secretary in which stated that these prisoners were picked up by the secret agencies from Adiala Jail.
It may be mentioned here that Attorney General of Pakistan, Maulvi Anwarul Haq was not present in the court.