Supreme Court of Pakistan. - File Photo

ISLAMABAD: The Inter-Services Intelligence (ISI) and the Military Intelligence (MI) explained before the Supreme Court on Tuesday that they treated court orders with great sanctity, but could not shut their eyes to rebellious acts of internal and external elements involved in serious cases of terrorism.

A statement was submitted on behalf of the agencies two days ahead of a scheduled hearing by the Supreme Court on production of seven of 11 suspects picked up by intelligence agencies for their alleged involvement in the October 2009 attacks on the GHQ and the ISI’s Hamza Camp in Rawalpindi. Four of the 11 have died in mysterious circumstances.

On Feb 13, intelligence agencies produced the seven and they met members of their families after over a year. They were in bad shape.

The three-page statement submitted by the counsel of ISI and MI, Advocate Raja Mohammad Irshad, asserted that agencies had no enmity or bear no grudge against anyone or any section of people.

The court had sought explanation why the detained prisoners were not proceeded against under any law and under what circumstances they were allowed to be admitted to the internment centre in Parachinar.

The statement filed by Raja Irshad explained on Tuesday that the 11 accused were arrested after a convoy of security forces was ambushed in an operational area. Earlier, it was brought to the notice of the court that the custody of the detained people was with the security agencies for trial under provisions of the Army Act, 1952 after investigation.

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 (field general court martial) consumed more than the normally required time and as a result the detention period was prolonged due to an advice rendered to them that offences did not come within the ambit of Section 2 (1 ii) of the Army Act, 1952.

Thus the authorities concerned by acting upon the advice, decided to obtain their internment orders under the provisions of Actions (in Aid of Civil Power) Regulation, 2011, promulgated to cater to such situations.

It was deemed appropriate to invoke the provision of the regulation and thus they were taken to internment centres, the statement explained.

The adverse weather conditions, snow and poor visibility, in and around Parachinar prevented timely operation by helicopters, hence the production of three detained accused from the internment centre got delayed, it said.

But the court order however was complied with and seven internees, including the four admitted in the Lady Reading Hospital, Peshawar, were brought to Islamabad at about 6:00pm on Feb 10 when the court had passed production order at 5:30pm.

“There was no disobedience of the Jan 30 order to produce the internee from Parachinar as they were brought despite taking great risk to human lives including those of pilots of the helicopter who undertook an extremely dangerous mission and operated in hazardous and adverse weather and security environments,” the statement claimed.

The army leadership, including heads of the agencies, have always honoured and implemented orders passed by the Supreme Court. Leaving the orders aside, even observations made by the court relating to matters falling in the domain of the Army and ISI never went unheeded, the statement said.

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