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Release held Adiyala missing prisoners if no evidence: CJ
ISLAMABAD: The Supreme Court of Pakistan (SC) resumed hearing of the missing Adiyala Jail prisoners’ case Tuesday where the Chief Justice Iftikhar Muhammad Chaudhry instructed to release the held persons if there is no evidence against them, Geo News reported.
A three-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry was hearing the Adiyala jail prisoners’ death case on Tuesday. The CJP had given authorities concerned time till today to resolve the matter.
Chief Justice Iftikhar Muhammad Chauhary had ordered to bring evidence against missing prisoners of Adiyala jail or release them.
During today’s hearing, the Chief Justice said the held persons will be jailed if evidence will be found against them, but on the contrary the military and the agencies could not find evidence against them and that is why they were sent to detention canters.
The CJ then asked Raja Irshad, counsel of the Inter-Services Intelligence (ISI), to present the copy of the order that had authorized them to detain the suspects for indefinite period. He said apparently the statements of recovering grenade, Kalashnikovs and magazines seem bogus and continued saying that any one found possessing even a knife will be presented in the court.
Raja Irshad told that all the accused were sent to detention centers according to the law. On his, the CJ reprimanded the ISI counsel and said that fair trial and fundamental rights clauses should be eliminated and if left to their discretion, there would be no courts in the country.
Raja Irshad took the stance that they were detained for the sake of national interest.
Chief Justice said that if no evidence has been found, then the held persons should be released immediately. Raja Irshad responded that the court should question the detention centres that why did they accept the detention.
Justice Gulzar Ahmed, then, questioned about the record of the Review Board in the detention centers.
On Monday, Raja Irshad said intelligence agencies were morally convinced that missing prisoners of Adiyala jail are involved in terrorist activities.
Tariq Asad, the counsel of petitioner said the lawyer of agencies had given in written that these people were involved in terrorist activities and would be tried under Army Act. On this, Raja Irshad said they were not tried under Army Act.
The Chief Justice remarked that trial is carried out on the basis of evidence, if there is no evidence then how can there be a trial?
Chief Justice Iftikhar Chaudhary said action would be taken against those responsible if the detention was proved illegal.
Deputy Attorney General informed the court that Review Board evaluates every case after 120 days it is brought at detention centre.
The apex court had sought record of all the meetings of Review Board to be presented in today’s hearing.
Courtesy www.geo.tv