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The Supreme Court on Monday gave 15 days to Federal Government to answer why it continued to detain an Arab who had completed his life imprisonment for attempted hi-jacking of a Pan American Jumbo at Karachi Airport in 1988. The First Bench that comprised of Justice Iqbal Javed and Justice Abdul Hameed Dogar - Chief Justice Nazim Hussain Siddiqui was on short leave - also asked for a "comprehensive reply" on reasons why Government had disregarded orders issued by the Detention Review Boards since 2001, the year when Jamal Saeed Abdul Rahim had completed his term.
The Court passed the orders after detainee's counsel, M Saleem Sheikh filed photo-copies of the documents proving that Jamal Abul Rahim was a Palestinian and had lived in Beirut's Shattilla Refugee Camp. Those also included his birth certificate, educational certificates.
The Deputy Attorney General, Nasir Saeed Sheikh had told the Court that the Government kept Jamal and his other three compatriots in detention that some foreign powers were out to catch them.
The civil appeal filed by Jamal wanted the reversal of Lahore High Court's refusal to issue a writ of Habeas Corpus against the Federal Government detaining him after his completion of life imprisonment.
Jamal along with five other Palestinians was arrested after a shoot out and failure to hijack the Pan American Jumbo at Karachi Airport. One of them whose name was not mentioned by the Counsel had died shortly afterwards but remaining five were tried by a special court at Adiala Jail in the suburbs of Rawalpindi city.
In 1994 they were sentenced to death nine times. These were, however, converted into life terms after Benazir Bhutto acceded to power as a result of first elections in post Ziaul Haq era but they were t to serve it out consecutively that came to over 200 years.
On an appeal the Lahore High Court, later ordered the sentences to run concurrently that after normal and special remissions expired in February 2001. During his detention, Jamal was said to have memorised the Holy Quran and was now teaches it to other inmates and also did his Bachelor in Arts and was preparing for a Master's Degree from the Punjab University.
In a brief address to the judges, Saleem Sheikh who was appearing along with Habib-ul-Wahab-al-Khairi who had moved on behalf of the Al Jehad Trust, said that the cases of Jamal Abdul Rahim and his three other colleagues had been reviewed by 12 Supreme Court judges who had expressed themselves against the continued detention of the Palestinians.
When called upon by Justices Javed Iqbal and Dogar for an explanation, the Deputy Attorney General Nasir Saeed Sheikh also said that the Government had not been to pin point the nationality of the Arab detainees to deport them to their country of origin. He also said that were being kept in safe custody in their interest as it was apprehended that some foreigners might kidnap and smuggle them out to punish for their hi-jack attempt.
Saleem Shaikh also said that he was represented only one detainee as his other compatriots were "frustrated" and said if he the petition succeeds, they would move for similar relief from the Court.
Ms Afshan Ghazenfer, Deputy Advocate General of the Punjab who was also under notice from the Court, assisted the Deputy Attorney General.

Copyright Business Recorder, 2005

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