Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry has remarked days are gone when some one was lifted illegally and now all including intelligence agencies will have to abide by law and constitution.
CJP gave these remarks while heading a 3-member bench of SC during the course of hearing of case of 2 detainees lifted from Batkhela Friday.
Khyber Pakhtunkhawa (KP) government presented two persons including Ibrahim and Hidayat Shah in the court who were lifted from Batkhela.
CJP remarked “who is responsible for keeping them under illegal detention. Advocate General KP presented report.
CJP remarked “ you will have to become more active. Nothing was against these two persons. If KP government does not recognize additional advocate general. Both these persons were kept under detention unconstitutionally.
Naveed Akhtar told the court that these two persons were facing the charges of terrorism and sabotage and others.
CJP remarked “ you should study it that these persons could be kept where under these offences. If these can be kept under detention then you will say the same thing for us in future. Even FIR has not been lodged.
Home secretary told 4 machine guns, MM Rifles and other arms have been recovered from them.
CJP observed “ you have recovered these arms from where . You will have to register case. This is PATA and not FATA.
Justice Azmat remarked “ terrorism is going on. Take action against them but not to do injustice with them.
CJP observed “ it will have to be seen if the case can be registered against them. You can not keep them under detention without any offence. Trial is conducted even during war.
Home secretary said “ you can not nullify civil powers delegated by the federation. Army is working under ministry of defence. We can not take every decision”.
CJP remarked “ You are working in PATA and it is now your responsibility and it is no more responsibility of army.
Home secretary said “ our job is arranging the meeting and the rest of the job is done by army.
CJP remarked no one was produced in the court. “ You are presuming every thing on your own. You have no evidence that Ibrahim Shah was in contact with Habib.
CJP remarked “ nothing has come to light with regard to recovery of arms. No arms have been recovered. Review is conducted in such cases after every three months and you people did not like to get conduct the review.
CJP observed “ this is correct that terrorism is there in the country but the accused persons should be proceeded against under law. Not only judges but also the lawyers know it.
Home secretary read out confessional statement of Muhammad Ibrahim.
CJP inquired he had given this statement before whom and this is written where.
CJP remarked “ bring him with you who has given this record to you. We will see who does not comply with our orders. The days are gone when any intelligence agency lifted any one at its sweet will. Now it will not occur so. False statement is being given. Who has signed the documents and under whose directives these have been filed. If these have been presented under the signatures of home secretary then we suspend you just now and send you to jail. Why you signed the papers. You have done all this on the bidding of corpse commander.
Home secretary said “ only comments have been filed and he is not at fault.
CJP remarked “ no date has been mentioned about sending these persons to detention centers. When the operation was started in Malakand.
Home secretary replied operation was started in 2009.
Aasma Jahangir said “ it is correct that war is going on and operation is being launched in Batkhela. TADA laws in place in Kashmir are better than this law.
CJP remarked “ freedom is for all of us. There is no difficulty in improving the situation in PATA as provincial government is functioning there.
CJP said “ how can we release them as challan will have to be presented first of all against them.
Home secretary said “ we send these two persons to anti terrorism court and it will give decision after seeing evidence.
Aasma Jahangir said “ as many as 42 months have been elapsed but their family members have not met them and seen their faces. On the other hand law allows their family members to meet them.
CJP remarked “ every one is preoccupied with elections. We allow them to meet their family members.
The court directed AG KP to arrange meeting of these two accused with their family members and file report in the court on this count.
The court directed home secretary to explain as to why these accused were not presented before the board after three months.
The hearing of the case was adjourned till May, 14.