Missing prisoners' case: Supreme Court says it has jurisdiction to issue notices to spymasters

The Supreme Court on Thursday observed that it had jurisdiction to issue notices to the spymasters of the all powerful secret agencies and make them answerable under the powers derived from the Constitution of Pakistan. The apex court gave the observation during hearing of the case of 11 missing prisoners of Adyala Jail, when Attorney General for Pakistan in his written reply contended that the court could not issue notices to the heads of the intelligence agencies.
The apex court raised questions about the functioning of the three main intelligence agencies - Inter-Services Intelligence (ISI), Military Intelligence (MI) and Intelligence Bureau (IB) and asked on what ground they could claim that they could not be made party to the case regarding 11 prisoners missing from the premises of Adiala jail.
A three-member comprising Chief Justice Iftikhar Chaudhry, Justice Ghulam Rabbani and Justice Khalil ur Rehman Ramday made several observations about the functioning of ISI, MI and IB. The bench also made several critical remarks on a report submitted by Attorney General for Pakistan Molvi Anwar-ul-Haq on behalf of the intelligence agencies.
In their unsigned reports submitted on Wednesday, the spymasters said the eleven missing prisoners were not in their custody. They also contended that they could not be made respondents or party to the case. The attorney-general had to withdraw the statement that spy agencies could not be made respondents in any constitutional petition, when Chief Justice Iftikhar Muhammad Chaudhry asked him under which law the secret agencies are functioning in Pakistan and could not be made party to the case.
The chief justice said that the apex court had served notices to secret agencies as constitution empowers the apex court to summon the head of any state reorganisation if and when required. "Various important points have been raised in the replies submitted by the spy agencies which may have far-reaching ramifications," he remarked.
The intelligence agencies further contended that the petition filed by the families of the missing men was not maintainable and they had not been put on notice properly. The agencies said only the federal government or secretaries of concerned departments could be issued notice in this matter.
During the hearing, the Chief Justice asked Attorney General under which law the secret agencies were functioning and why they could not be made party to any case. "Various important points have been raised in the responses of the agencies, and such objections do have far-reaching ramifications," Justice Chaudhry remarked.
Despite the report submitted on behalf of the three intelligence agencies, the Punjab Home Secretary submitted another report that said the missing prisoners were in the custody of the ISI. The Supreme Court had recently created a flutter by issuing notices to the heads of the ISI, MI and IB asking them to submit written replies in the missing prisoners' case.
The men went missing after an anti-terrorism court acquitted them of several charges, including a plot to attack former President Pervez Musharraf, possession of suicide jackets and attacks on military installations. The Chief Justice had also contended that there was evidence to show the men were in the custody of the intelligence agencies. During the hearing, the court issued fresh notices seeking report from home secretary Punjab and other police and civil officials. The case was adjourned till December 13.