Agencies holding 700 men without charge, learns SC

ISLAMABAD - Around 700 people are in the custody of security agencies, Attorney General Irfan Qadir on Thursday told the Supreme Court, which said detaining people without trial was unconstitutional and violation of fundamental human rights.Hearing the case of Adiala Jail prisoners, who upon their release were allegedly picked up by the agencies from outside the jail, the court expressed dissatisfaction over a report submitted by Fata Secretary Nasir Jamal. The report stated that hand grenade and weapons were recovered from the detainees, who he said had also attacked an army convoy in Fata. Tariq Asad, counsel for captives argued how the weapons could be recovered from the prisoners while they were in detention. The chief justice remarked that the ISI had given a written statement that no weapon was recovered from the Adiala Jail inmates.Chief Justice Iftikhar Muhammad Chaudhry, heading a three-member bench, said the suspects must either be released or put on trial as holding them without trial was a violation of their human rights as well as against the constitution.The attorney general said these people were arrested in connection with the ‘war on terror’ from Fata, where the army has been fighting militants for around a decade. They could not be released until the military operation in those regions concludes, he said, but declined to say how long they had been in custody.The AG said the prisoners would be tried under the Frontier Crimes Regulation (FCR). The chief justice asked the attorney general how the captives would be tried under the FCR “when you don’t have proof against them”. Irfan Qadir said that evidence against them has been collected and their trial will be completed within one month.“Tell us under what law they have been detained for the last 15 months,” the CJ asked, reiterating that the agencies could not detain anyone even one day without evidence. The AG remarked that the court taking suo moto regarding the matter first decide about the law and then issue order for their release and the government would implement it. The chief justice said instead of requesting courts for doing everything “try to find out a way by yourself”.The CJ said that if they would give order then it would have long lasting effects, and they had to face the consequences. The attorney general said not only the government but the whole nation would face it. The chief justice repeated that before they issue an order, the government should find out a way as it was the matter of fundamental rights. The attorney general requested the court to grant one week to review their status. The court on his request adjourned the case until January 28, 2013.The Supreme Court is investigating the fate of seven Adiala prison inmates who have been held without trial since 2007 even though a judge ordered their release in May 2010. The seven men who were arrested in the tribal belt in November 2007 disappeared from Rawalpindi after their release was ordered in 2010. In an unprecedented move, the Supreme Court forced the ISI and Military Intelligence in Feb 2012 to produce the men in court.

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