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Outrightly rejecting Attorney General of Pakistan's report about 11 missing prisoners from Adiala jail, the Supreme Court Wednesday directed the government to inform the court about their whereabouts or be ready to face the wrath. A three-member bench of the Supreme Court, headed by Chief Justice Iftikhar Muhammad Chaudhry categorically told attorney-general of Pakistan and chief secretary Punjab to furnish a clear-cut answer regarding the prisoners.
Attorney General of Pakistan Molvi Anwarul Haq told the court the prisoners are not in the custody of spy agencies, while the special branch report presented before the court last week hints that the prisoners were in custody of the sleuths.
After noticing clear-cut contradiction between attorney general and the police report about the prisoners, Chief Justice Iftikhar Chaudhry, while addressing Molvi Anwarul Haq remarked, "still you have got time, so try to show some restraint. There are evidence that where the prisoners are." He went on saying that we do not delay in giving our verdict if this remained the attitude of the government. "This is a very sensitive issue, so we do not want to say anything by ourselves - so better act wisely", Justice Chaudhry added.
When Chief Secretary Punjab tried to read out his report on the prisoners, Justice Chaudhry cut him short, saying the matter is highly important; if needed, this report would be taken up. Meanwhile, chief secretary Punjab presented a report before the court about missing prisoners from the premises of Adiala jail, which clearly states that the prisoners were handed over to intelligence agencies.
Punjab government told the court that the prisoners' custody was given to intelligence agencies. However, the AG representing the federal government said the agencies were contacted but they denied knowing anything about the whereabouts of the prisoners. After this controversy, chief justice called for a daily situation report (DSR) which is prepared by a special branch of police. The police had reported that the prisoners were wanted in four cases: attack at GHQ, attack on former president Pervez Musharraf, recovery of an explosive laden jacket and attack on Hamza camp.
They were acquitted by a bench of Lahore High Court, then later detained. The LHC held that those detentions were illegal. The prisoners went missing when they were released from jail. The bench had directed the AG to sit with all officials and make a concrete statement as to the whereabouts of the 11 missing prisoners. The CJ had earlier refused to transfer this case to a bench and said that he would himself handle the case.
The AG had been directed to present 11 prisoners held on terrorism charges after the prosecution failed to prove charges against them. Jail administration had illegally held these prisoners after orders for their release had been given.

Copyright Business Recorder, 2010

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