Hearing a matter relating to missing persons from outside Adiyala jail Supreme Court on Friday issued notices to the counsel for intelligence agencies, including Inter-Services Intelligence (ISI) and Military Intelligence (MI), and Attorney General for Pakistan Irfan Qadir.
A three-member bench of Chief Justice Iftikhar Muhammad Chaudhry resumed the hearing of the matter. Tariq Asad, representing seven surviving Adiyala prisoners accused of terrorism, submitted that the accused were sentenced to imprisonment without any trial.
During the course of hearing and in response to another petition filed by Asma Jehangir, two detained persons allegedly picked up by the intelligence agencies from Butkhela Malakand in 2009 and 2010 were produced before the bench for the first time after their apprehension. Chief Secretary KPK Ghulam Dastagir, Home Secretary KPK Azam Khan and Additional Advocate General (AAG) KPK Naveed Akhtar appeared before the bench.
The court was informed that Muhammad Ibrahim was arrested in September 11, 2010 from Butkhela while Hidayat Shah was arrested in December 23, 2009 and the two were later sent to an internment center set up under the Action in Aid of Civil Power Regulations (AACPR) 2011 promulgated by President Asif Ali Zardari.
Asma Jehangir termed the AACPR law "worse than the Terrorist and Disruptive Activities (Prevention) Act introduced by India in 1985." Home Secretary KPK submitted that the internment authorities had recommended the trial of both the accused under terrorism charges saying weapons were recovered from their possession and they were sent to internment centers.
The apex court expressed surprise at the two accused not sent to the court to face trial and noted that during their entire detention their family members were not allowed to meet them. However, the home secretary assured the bench that an opportunity would be provided to the family members of these accused to meet them. The bench directed the Advocate General KPK to ensure a meeting between the accused and their family members and submit a report to the registrar of the Supreme Court for perusal by judges in chambers. The hearing of case was adjourned till May 14.
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