While questioning the role of intelligence agencies, the Supreme Court has directed Attorney General for Pakistan to warn them against illegal confinement of people. A three-member bench led by Chief Justice Iftikhar Muhammad Chaudhry has been hearing a petition relating to the abduction of a 16-year-old boy.
The boy was supplying food to the heirs of missing persons at a protest camp in front of Parliament building. According to the bench, under Article 9 of the Constitution of Islamic Republic of Pakistan, 1973 it is a fundamental right of every citizen of Pakistan that he shall not be deprived of life and liberty.
The Chief Justice further said that "the State of Pakistan, being guardian of its citizens, is bound to implement the constitutional provisions in letter and in spirit, particularly those relating to people's fundamental rights, which are guaranteed by the Constitution. It is also an inalienable right of all the citizens that they should be dealt with in accordance with the law following the mandate and due process of law, as enshrined in Article 10A of the Constitution."
At the outset of hearing, Inspector General (IG) Police Islamabad Bani Amin produced before the bench 16-year-old Umar Mehmood Wali Khan, who went missing since March 10. He also submitted an investigating report in this regard. The IGP stated that the abductee Umar Mehmood Wali Khan had been recovered due to his formal and informal efforts.
In response to a court query, he stated that "agencies had abducted the detenue" and that he made a request to his counterparts to help him trace out the boy. When the court inquired whether he contacted the Inspector General of Police, Punjab for this purpose, the IG stated that he contacted ISI. When he was asked to identify those behind boy's abduction, he replied that he contacted all the three intelligence agencies - ISI, MI and IB.
He reiterated his statement in the presence of the learned Attorney General for Pakistan. He said that an FIR had been registered and the matter was being investigated. Therefore, he added, he was not in a position to ascertain the involvement of any of the agencies.
"We have pointed out to the IGP, Islamabad, that this is not for the first time rather time and again this Court has been making it clear that if any person is involved in any criminal activity against the Nation or the State, as the case may be, he should be dealt with strictly under the law by getting registered a case against him and without registration of a case, his detention would be illegal, as such, keeping the detenue Umar Mehmood Wali Khan in detention for a period of six days prima facie has no justification," the court said in its order.
The Chief Justice said those who kidnapped the boy were required to be identified, saying the number of missing persons is increasing. The court also inquired from the boy about those who had abducted and detained him. He replied that he was not in a position to disclose the names of those persons. However, he stated that they had been interrogating him for six days.
The father of Umar informed the bench that some unknown men had abducted his son in front of him. He observed, "We came to Pakistan one-and-a-half years ago and now mulling going back". "In such a state of affairs, we have to show great concern about the life and liberty of our citizens. At the cost of repetition again we are pointing out that if anyone, whosoever he may be, is found involved in an offence against the State or Nation, he deserves no leniency or compromise and is required to be dealt with in terms of Article 10A of the Constitution, but simultaneously it is the duty of the State to protect the life and liberty of the citizens," the court said.
The court also said, "through learned Attorney General for Pakistan we communicate to the all concerned that if they are required to cause arrest or detention of any person, to be found involved in an offence against the State or Nation or in violation of any substantive law he should be dealt with in accordance with relevant provisions of law and no permission can be given for illegal detention of anyone because we have to strictly follow the rule of law and the constitution."
According to the CJP, there was no reason to hold Umar for six days and the court had given several decisions on the matter. Justice Khilji Arif Hussain observed that the court could not allow anyone to go against the constitution. The court also asked the Islamabad police to submit an investigative report regarding the abduction of boy, within the next two weeks.
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