The Supreme Court on Monday directed the Attorney General for Pakistan to submit a report to explain how the detention of Col Inam Ul Rahiem (retd) advocate is related to national security, and present him today (Tuesday) before the court.
Attorney General for Pakistan (AGP) Anwar Mansoor Khan prayed to the court to hear the case in chamber. Justice Mushir Alam inquired what has been transpired about Inam from the date of detention. "Why do you want us to hear the case in chamber?" he further asked.
The AGP said there is an issue of national security involved in this case. Justice Mansoor said the LHC has passed only a short order and the trial has not been concluded yet.
Earlier, a three-member bench, headed by Justice Mushir Alam, took up the appeal of Ministry of Defense and the Ministry of Interior against the order of Lahore High Court (LHC), Rawalpindi Bench, dated 09-01-2020, at 9:30am. The bench ordered to produce Inam after the interval at 11:30am.
The AGP submitted a report about the arrest of Inam in a sealed envelope. He requested the bench to suspend the LHC short order. The bench after examining the report said whatever is mentioned in it has already been published in media.
"Don't dramatize the case," Justice Mushir remarked. He asked the AGP to implement the short order of LHC and produce Inam after the break.
Justice Mirza Viqas Rauf of the LHC Rawalpindi bench on January 9 had declared the detention of Inam illegal and ordered his immediate release. "The detention of Inam Ul Rahiem with the army authorities is illegal and unlawful. He shall be released forthwith," said the order.
Advocate Inam Ul Rahiem, a retired colonel, was picked up from his home in Rawalpindi on December 17, 2019.
The Lahore High Court's Rawalpindi bench on January 10 rejected an intra-court appeal filed by the Defense Ministry against the single judge bench's order.
Inam's son (respondent) had filed a writ petition of habeas corpus before the Lahore High Court, Rawalpindi Bench, challenging the "forced" disappearance of his father.
The Ministry of Defense in its report/comments filed before the LHC disclosed that the father of the respondent was apprehended by military authorities under Section 2(1) (d) read with Sections 59 and 73 of the Pakistan Army Act, 1952, and Official Secrets Act, 1923 and the investigation is under process.
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