Intelligence agencies not above law, observes SC
ISLAMABAD - The Supreme Court on Thursday expressed
dissatisfaction over the replies submitted by the intelligence agencies
in Adiala Jail missing prisoners’ case.
The court issued the Inter-Services Intelligence (ISI) and Military Intelligence (MI) a stern warning that they must not consider themselves superior to the civilians and work under the law of the land. The court also said that there is a common perception that agencies are involved in abduction and extra-judicial killings in Balochistan.
Chief Justice Iftikhar Muhammad Chaudhry heading a three-member bench hearing a petition filed by Rohaifa, the mother of three of the prisoners said they were surprised to read the report of the intelligence agencies.
The chief justice said the replies does not justify under which law the civilians were picked up by agencies and kept in detention for more than a year. “Who gave you the right to hound people?” the CJP questioned. He told the MI and ISI counsel Raja Muhammad Irshad, “Take this out of your mind that you (ISI and MI) are superior and others (civilians) are inferior.”
Eleven missing persons were allegedly picked up by the agencies after their release from Adiala Jail. Out of them four prisoners Muhammad Amir, Tahseenullah, Said Arab and Abdul Saboor died in the custody.
The CJP said that they were frightened to the see the condition of prisoners. The court should be informed which agencies kept them in their custody. If these people had attacked GHQ, even then it is necessary for you to produce evidence against them for fair trial. You must go by the book,” Justice Chaudhry said.
The chief justice said whatever the agencies do should be done within the limits of law as the agencies are not ‘above the law’. “If a judge is bound not to break a traffic signal, then why will he allow you to subvert the constitution of the country,” Justice Khilji remarked.
The chief justice said that the agencies have become ‘insensitive’ to the issues. He said that the things have become so bad that mother of three sons, killed in the custody, also died after seeing the condition of the prisoners. He said they would be held accountable to God even if one prisoner is proven innocent. “We are grateful to God that rest of the prisoners have been saved,” he said.
The chief justice said there is a hue and cry throughout the country that agencies abduct people and later their bodies are found in hospitals. He said the agencies are also blamed for the missing persons. Balochistan is burning and people are blaming the intelligence agencies of the country.
Raja Irshad, counsel for ISI and MI, held that the prisoners were getting funds from abroad and were involved in anti-state activities. He said that foreign elements involved in instilling terrorism in Balochistan are active and the agencies cannot work with their ‘eyes closed’ to the issue.
The chief justice said that if this attitude is not changed then the warlords would become powerful. “Who have set Balochistan on fire? We ask you time and again and you always tell us stories. Are we here to listen to your stories?”
The chief justice addressing Raja Irshad said if your child becomes sick you become worried about him. Raja Irshad said that officials of the agencies also understand this thing that missing persons issue is becoming very important.
“After reading your poorly-drafted reply, I thought whether we are thinking against the country here? As much as you consider yourself loyal to this country, perhaps we are more loyal than you,” the chief justice observed. Justice Khilji Arif Hussain said that the 1965 war is evidence that the people of the country were on the forefront rather than the army to fight against the enemy.
The chief justice said that the government officials were apathetic as the relatives of the missing persons who were protesting in the open sky in cold weather, while they were sitting in their rooms in front of heaters. For the last 15 days the relatives of missing persons are sitting in front of the parliament, but no one cared for them.
The court also expressed displeasure over the statement of Raja Irshad about parliament that the current parliament ‘does not represent the will of the people’. The CJP said: “Had the parliament not been working then there would have been martial law in the country.”
The court observed that the parliament should do some legislation in this regard. It noted that the parliament has passed so many bills and on the order of the Supreme Court has passed 20th amendment.
Raja Irshad briefed the court about the sacrifices of his clients, saying: “The persons whom I am representing are also lying on the snow-capped mountains.” Justice Khilji Arif Hussain said that they recognise their commendable services but violation of the law cannot be allowed. The honourable judge said everyone is equal before law.
The chief justice praising the governor and chief secretary of Khyber Pakhtunkhwa said now the Adiala prisoners were in safe hands. The KPK governor has a good knowledge about of law. The court appreciated KPK chief secretary for presenting comprehensive report regarding health of the prisoners, saying he had done wonderful job. The KPK chief secretary was directed to keep on submitting medical reports of seven prisoners after every four days. The hearing was adjourned till March 16.
The court issued the Inter-Services Intelligence (ISI) and Military Intelligence (MI) a stern warning that they must not consider themselves superior to the civilians and work under the law of the land. The court also said that there is a common perception that agencies are involved in abduction and extra-judicial killings in Balochistan.
Chief Justice Iftikhar Muhammad Chaudhry heading a three-member bench hearing a petition filed by Rohaifa, the mother of three of the prisoners said they were surprised to read the report of the intelligence agencies.
The chief justice said the replies does not justify under which law the civilians were picked up by agencies and kept in detention for more than a year. “Who gave you the right to hound people?” the CJP questioned. He told the MI and ISI counsel Raja Muhammad Irshad, “Take this out of your mind that you (ISI and MI) are superior and others (civilians) are inferior.”
Eleven missing persons were allegedly picked up by the agencies after their release from Adiala Jail. Out of them four prisoners Muhammad Amir, Tahseenullah, Said Arab and Abdul Saboor died in the custody.
The CJP said that they were frightened to the see the condition of prisoners. The court should be informed which agencies kept them in their custody. If these people had attacked GHQ, even then it is necessary for you to produce evidence against them for fair trial. You must go by the book,” Justice Chaudhry said.
The chief justice said whatever the agencies do should be done within the limits of law as the agencies are not ‘above the law’. “If a judge is bound not to break a traffic signal, then why will he allow you to subvert the constitution of the country,” Justice Khilji remarked.
The chief justice said that the agencies have become ‘insensitive’ to the issues. He said that the things have become so bad that mother of three sons, killed in the custody, also died after seeing the condition of the prisoners. He said they would be held accountable to God even if one prisoner is proven innocent. “We are grateful to God that rest of the prisoners have been saved,” he said.
The chief justice said there is a hue and cry throughout the country that agencies abduct people and later their bodies are found in hospitals. He said the agencies are also blamed for the missing persons. Balochistan is burning and people are blaming the intelligence agencies of the country.
Raja Irshad, counsel for ISI and MI, held that the prisoners were getting funds from abroad and were involved in anti-state activities. He said that foreign elements involved in instilling terrorism in Balochistan are active and the agencies cannot work with their ‘eyes closed’ to the issue.
The chief justice said that if this attitude is not changed then the warlords would become powerful. “Who have set Balochistan on fire? We ask you time and again and you always tell us stories. Are we here to listen to your stories?”
The chief justice addressing Raja Irshad said if your child becomes sick you become worried about him. Raja Irshad said that officials of the agencies also understand this thing that missing persons issue is becoming very important.
“After reading your poorly-drafted reply, I thought whether we are thinking against the country here? As much as you consider yourself loyal to this country, perhaps we are more loyal than you,” the chief justice observed. Justice Khilji Arif Hussain said that the 1965 war is evidence that the people of the country were on the forefront rather than the army to fight against the enemy.
The chief justice said that the government officials were apathetic as the relatives of the missing persons who were protesting in the open sky in cold weather, while they were sitting in their rooms in front of heaters. For the last 15 days the relatives of missing persons are sitting in front of the parliament, but no one cared for them.
The court also expressed displeasure over the statement of Raja Irshad about parliament that the current parliament ‘does not represent the will of the people’. The CJP said: “Had the parliament not been working then there would have been martial law in the country.”
The court observed that the parliament should do some legislation in this regard. It noted that the parliament has passed so many bills and on the order of the Supreme Court has passed 20th amendment.
Raja Irshad briefed the court about the sacrifices of his clients, saying: “The persons whom I am representing are also lying on the snow-capped mountains.” Justice Khilji Arif Hussain said that they recognise their commendable services but violation of the law cannot be allowed. The honourable judge said everyone is equal before law.
The chief justice praising the governor and chief secretary of Khyber Pakhtunkhwa said now the Adiala prisoners were in safe hands. The KPK governor has a good knowledge about of law. The court appreciated KPK chief secretary for presenting comprehensive report regarding health of the prisoners, saying he had done wonderful job. The KPK chief secretary was directed to keep on submitting medical reports of seven prisoners after every four days. The hearing was adjourned till March 16.
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