ISLAMABAD: The Supreme Court, on Tuesday, disposed of Defence Ministry's appeal against the Lahore High Court (LHC) order regarding arrest of advocate Col Inamur Rahim (retd).
A three-judge bench, headed by acting Chief Justice Umar Ata Bandial, heard the Ministry of Defence's petition against the LHC order dated January 9, 2020, regarding detention of Col Inam.
The retired army officer-turned-lawyer was picked up by a security agency from his home in Rawalpindi on December 17, 2019. He, however, was released on January 24, 2020, following the assurance given by ex-AGP Anwar Mansoor Khan to the apex court.
Justice Mirza Viqas Rauf of the LHC, Rawalpindi bench, on January 9, 2020 had declared the detention of Col Inam, illegal, and ordered his immediate release. "The detention of InamUl Rahim, advocate, with the army authorities is illegal and unlawful. He shall be released forthwith," said the order.
During the hearing, Justice Qazi Amin quoted the Defence Ministry as saying that Rahim's arrest was not required. Attorney General for Pakistan Khalid Javed Khan regretting over enforced disappearance said, "I am sorry for the treatment meted out to Col Inamur Rahim."
"Our concern is only based on the observations made in the LHC verdict," he added. The attorney general contended that the Army Act does not apply to an apprehended individual before an indictment. At this, Justice Qazi Amin said; "The case became ineffective after the arrested person's release."
Justice Bandial added; "The arrested person has been released after the high court's decision."
He further said; "Why should we decide about the legal clause at this point?"
The Defence Ministry had approached the apex court against the High Court decision. The LHC Rawalpindi bench had ordered military authorities to release Rahim. The then Attorney General Anwar Mansoor Khan, on January 14, 2020, had told a three-judge bench headed by Justice Mushir Alam that Rahim was part of a spy network and a number of individuals belonging to that ring were still wanted.
However, in a sudden change of heart, the government had decided to release Rahim on medical grounds, as the advocate was not in good health and had to be admitted to the hospital multiple times.
Copyright Business Recorder, 2021
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