Chief Justice Asif Saeed Khan Khosa has said that the US has set up internment centers outsides its jurisdiction in Guantanamo Bay for keeping terrorists arrested from different countries, but in Pakistan these are established within the country to keep its own citizens, where fundamental rights are denied.
Heading a five-judge bench, the Chief Justice said no one has ever examined the legality of Actions (in Aid of Civil Power) Regulation, 2011 in light of the Constitution. He said for 11 years the government swept this issue under the carpet. How many people are being affected by it (law), he questioned and said this is not a minor issue but very important case of recent history. How the families of inmates had been affected in the last 11 years. This is an issue of citizens' freedom, he further remarked.
Attorney General for Pakistan Anwar Mansoor Khan said about 1,000 persons, who are in the internment centers, have affected the lives of millions of people. The Chief Justice said, "For the protection of millions of people if one citizen's rights are usurped then I will be the first person to stand with him, who is a weak and helpless and approach the court for relief."
The AGP told whoever commits an offence under this Regulation shall be punished with death or imprisonment for life or imprisonment up to ten years. He said that under Section 19 of Regulation, 2011 the statement of a member of the armed forces shall be deemed to have proved the event, offence or happening for the conviction of an accused.
The Chief Justice inquired about the need of it was, adding the accused should be sentenced on the statement of a member of the armed forces. He said instead of producing the accused before the court, they are taken to the internment center where on the statement of army officer they are convicted. In no canvas of the justice can it be approved anywhere in the world, said the CJP.
Justice Umar Ata Bandial stated if during the war a person of enemy country is taken as captive, he also has rights under the Geneva Convention. Justice Qazi Faez said; "Besides the international laws we should also keep in mind the golden principles of the Holy Quran and Sunnah. More rights of prisoners are given in Islam than the West.
The Chief Justice said that in Central Asia, the army of a Muslim country captured another country and treated its citizens badly. The captives of it went to the Qazi (judge) and complained. The Qazi gave a verdict in favour of people of that country. In view of that judgment the Muslim army and the king had to vacate the area, which they had occupied.
The bench heard the federation's and KPK's appeals against the Peshawar High Court verdict and the constitutional petition of the civil society against the Action in Aid (Civil Power) Amendment Ordinance, 2019.
The AGP, in pursuant of the Court order, submitted lists of internment centers and the persons confined therein in a sealed envelope. The bench directed the SC Registrar to keep them in safe custody and present them when a specific order in this regard is issued.
A division bench of PHC comprising Chief Justice Waqar Ahmad Seth and Justice Musarrat Hilali on October 17 decided a writ petition along with a number of other petitions and the applications for contempt of court through a consolidated judgment. The High Court declared that the Action (in Aid of Civil Powers) Ordinance 2019, KP's continuation of laws in erstwhile PATA Act 2018, KP's continuation of laws in erstwhile FATA Act 2019 and Actions (In Aid of Civil Powers) regulation, 2011 are ultra vires of the Constitution.
AGP Anwar Mansoor said that the government is preparing a law that will take care of every citizen's rights given in the Constitution, adding that it will be promulgated through an ordinance soon. Upon that Justice Qazi Faez questioned why this government likes to promulgate laws through ordinances and does not table them before the assemblies. He remarked: "Why does it [the government] like to bypass the assemblies?"
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