Ministry's petition challenging advocate's release adjourned till February 18

The Supreme Court on Friday adjourned hearing of Ministry of Defence's petition, challenging the release of advocate Col Inamur Raheem (retired) till February 18.

A three-member bench, headed by Justice Mushir Alam, while hearing the Ministry of Defence's petition against the Lahore High Court (LHC) January 9, 2020 order, adjourned the hearing till February 18 following the request of Additional Attorneys-General for Pakistan Sajjid Ilyas Bhatti.

The retired army officer-turned-lawyer was picked up by a security agency from his home in Rawalpindi on December 17, 2019. Justice Mirza Viqas Rauf of the LHC, Rawalpindi bench, on January 9 had declared the detention of Col Inam (retired) illegal and ordered his immediate release.

"The detention of Inamur Raheem, advocate, with the army authorities is illegal and unlawful. He shall be released forthwith," said the order. During the course of proceedings additional attorneys-general of Pakistan requested the court to adjourn hearing of the case till next week (Tuesday or Wednesday) as Attorneys General for Pakistan Anwar Mansoor Khan is out of country.

Accepting the prayer, the hearing was deferred till February 18. The attorneys general in the last hearing had informed the apex court that data retrieved from Col Inam's (retired) laptop showed that he allegedly had connection with a spy network.

He claimed that Col Inam (retired) had violated the Official Secrets Act, 1923 as he had allegedly leaked information concerning the Inter-Services Intelligence (ISI) and the country's nuclear programme.

The Ministry of Defence had filed an appeal against the LHC order wherein it had contended that Col Inam (retired) was apprehended by military authorities under Section 2(1)(d) read with Sections 59 and 73 of Pakistan Army Act, 1952, and Official Secrets Act, 1923, and investigation is under process.

The High Court has erred to interpret the laws and procedure of special laws, the petition says. "The LHC has overlooked the legal position that in a case of habeas corpus, when the detenue has been declared in lawful custody of military authorities as apprehended under Pakistan Army Act Section 2(1)(d) read with Official Secrets Act 1923, then such petition became infructuous," the ministry has contended in its appeal.