'Mysterious' killings

Abdul Saboor, a 29-year-old civilian facing trial in a military court on charges of attacking the GHQ and ISI Hamza Camp, has died under mysterious circumstances, his body found dumped outside the Haji Camp in Peshawar. Actually, the mystery is not difficult to uncover considering that he was the fourth accused in the same case whose body turned up in similarly disturbing circumstances in the space of last six months. To say the least, it is shocking that such violation of fundamental human rights, guaranteed by the Constitution, should happen at a time the country is ruled by a democratically-elected government, and its judiciary is more independent and assertive than ever before. Saboor was among 11 accused acquitted by an anti-terrorism court in Rawalpindi in April 2008 because the prosecution had a weak case. But before their release, the Rawalpindi DCO issued a fresh detention order under Maintenance of Public Order on May 6, 2010. The DCO's directive was successfully challenged in the Rawalpindi bench of the Lahore High Court. Yet the superintendent of Adiyala Jail surreptitiously handed them over to the ISI and MI. In a subsequent development, the Advocate General informed the Supreme Court that the detainees had been formally arrested in the first week of April and a case under the Pakistan Army Act, 1952, was registered against them. Also, a counsel of the ISI and MI told the court that the men were in the custody of law enforcement agencies, and that they had been interrogated for their "close/deep links with terrorists operating in different areas of the country." Hence, there is hardly any confusion about that the four detainees died while being 'interrogated' by their keepers. Two important points in the preceding details merit serious attention. Firstly, that the apex court, although committed to its role as upholder of the rule of law, did not intervene in this matter of civilians being tried in military courts. True, the country is at war - albeit an undeclared one. But then the real test of a society's commitment to fairness and justice comes in such trying times. Second, the agencies persisted in keeping the accused in prison despite acquittal by courts. Admittedly, those attacking civilian and military targets are no ordinary criminals. Witnesses are too afraid to give evidence against suspected militants, which hinders the prosecution's case in a court of law. That could be a reason why the agencies wanted to keep the accused in custody even after being freed by the courts. Still, what followed ought to be an anathema for any civilised society. Extraordinary conditions such as those prevailing at present require extraordinary solutions. There is need to set up a commission, comprising judicial experts and representatives from the government and civil society, to find a workable and acceptable way to deal with cases involving suspected militants. For now, those concerned, need to pay attention to the fate of the remaining detainees. Their lawyer's application for safe recovery is pending in the apex court. Notably, Saboor's family was told, by phone, where to pick up his body as a petition requesting his rescue lay pending before the court. Hopefully, this time the court will act before it is too late. Copyright Business Recorder, 2012