SC orders production of seven missing prisoners on Feb 13

ISLAMABAD: The Supreme Court on Friday once again directed the director generals of the ISI and MI and Chief Secretary Khyber Pakhtunkhwa to ensure the production of remaining seven missing prisoners before the court by February 13 “at any cost”.

The prisoners were picked up by intelligence agencies from outside the Adiala Jail following their release in 2010. On Friday, the court also issued a notice to Governor Khyber Pakhtunkhwa regarding the detention of prisoners in Parachinar.

A three-member bench of the apex court, headed by Chief Justice Iftikhar Muhammad Chaudhry, heard the petition, filed by Rohaifa, the mother of three prisoners.

At the outset of the hearing, Raja Irshad, the counsel for the DGs ISI and MI, appeared before the bench and said that four detainees had died, while four others were currently under treatment at Peshawar’s Lady Reading Hospital. The three remaining persons are at a detention facility in Parachinar, Irshad said, adding that they could not be presented in the court.

The court, expressing dismay over the statement, saying it had clearly directed that the missing prisoners be produced. The court asked Irshad to name the person creating hurdles in the way of the compliance of court’s orders. “If the prime minister could appear before the SC, why could anyone else not do so?” the CJ asked.

The court directed the counsel for the spy agencies to ensure the presence of missing prisoners, adding they would wait for their appearance till late night.

When the bench restarted hearing the case at 5:00pm, the counsel for intelligence agencies, Irshad Kayani, failed to appear. When the bench inquired about this, Advocate General Khyber Pakhtunkhwa informed it that the civilian government was unaware that four missing prisoners were admitted to the Lady Reading Hospital, Peshawar.

Attorney General for Pakistan Maulvi Anwarul Haq also stated that he was informed by the counsel for intelligence agencies at 3:30pm that three prisoners were being shifted to Parachinar by road.

The chief justice observed that they had asked Raja Irshad to shift the prisoners by helicopters; why then were they being transferred by road. He asked Director Legal Defence Ministry Commander Shahbaz to tell the defence secretary to give a statement in this regard before the court.

“Ask the defence secretary to appear before the bench and tell us where the missing prisoners are. If required, we will summon all responsible high-ups,” the chief justice further said. Tariq Asad, the counsel for the petitioner, said that the defence secretary had nothing to do with the matter and those responsible were the DGs ISI and MI; therefore, the court should issue contempt notices to them. The court rejected his plea and said that their prime objective was the protection of remaining prisoners. The court was told that four prisoners had met their heirs at the Lady Reading Hospital.