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Raja Irshad, counsel for Inter Services Intelligence(ISI) and Military Intelligence (MI) submitted a three page written reply in the Supreme Court on behalf of DG ISI and MI regarding the abduction of 11 missing prisoners. The reply is available with TheNation.
The court had sought complete record from Attorney General of Pakistan as well as the counsel for Director Generals ISI and MI about their detention of missing prisoners prior to 26.01.2012. The court had also asked them to tell that whether they were proceeded against under any provision of law and if so, what was the result.
According to the reply, the agencies have no enmity and bear no grudge against anyone or any section of people, but they could not shut their eyes to the rebellious acts of elements. ‘I am under the instructions to record categoric, unambiguous and unequivocal assurance from the Army leadership including the heads of security agencies that great sanctity is attached to the orders passed by this court and that they are under oath to uphold the Constitution of Islamic Republic of Pakistan 1973’, Raja Irshad, the counsel for spymasters further said.
Reply further stated that men of the security agencies had laid down their lives to protect the supreme national interest of the country. Talking about the prisoners, it is told that arrest of 11 persons was carried out after a convoy of security forces was ambushed in the operational area.
‘It was brought to the notice of this Honourable Court that the custody of detainees was with the security agencies for their trial under the provision of Army Act, 1952 after investigations’, it said. ‘The operational area being highly disturbed and extremely volatile, the process of collection of evidence to make out a case for their trial under FGCM consumed more than the normal required time for such an exercise’,the reply added.
It is revealed that detention period of 11 missing prisoners got prolonged due to an advice rendered to them that the offences did not come with in the ambit of Section 2 Sub-Section 1 Clause ii of the Army Act, 1952 and hence the trial would be jurisdiction. ‘The authorities concerned, acting upon the advice, decided to obtain their internment orders under the provision of Actions (In Aid of Civil Power Regulation 2011), which was promulgated by the President to cater for such situation. It was deemed appropriate to invoke the provision of afore-said Regulation and thus they were taken to the internment centers’, spymasters further stated in their reply.
It is said that Army leadership including the heads of the agencies had always honoured and implemented the orders passed by this apex court of the country. Leaving the orders aside, even the observations made by this court relating to the matters falling in the domain of the Army and ISI never go unheeded. The court will take up the 11 missing prisoners case on March 1st.
It is to be noted that Rohaifa, the mother of three detainees of Adiala Jail, who filed the petition in the Supreme Court regarding the release of prisoners, on February 14th had died of heart attack. Tariq Asad, counsel for Rohaifa, said that after seeing his other two sons, Abdul Majid and Abdul Basit in such a miserable condition in the Supreme Court on February 13th she was shocked and died on next day by heart attack.
(The Nation)
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