ISLAMABAD: The Supreme Court told intelligence agencies in plain words on Thursday that patriotism was not their monopoly and they were not superior to ordinary Pakistanis.

“We are also patriotic like you,” Justice Khilji Arif Hussain said while pointing to Advocate Raja Muhammad Irshad, the counsel for the Inter-Services Intelligence (ISI) and Military Intelligence (MI). He stressed the need for changing their approach that ordinary people were inferior Pakistanis and intelligence personnel were superior.

The counsel was grilled for not giving satisfactory answers to the question raised by the court that under which law the suspects who had gone missing from outside the Adiyala Jail were kept in illegal confinement for over 18 months despite having been acquitted of terrorism charges and then put in an internment centre.

“Remember, people reached the frontline in the 1965 war with India earlier than the armed forces,” recalled Justice Khilji, a member of a three-judge bench headed by Chief Justice Iftikhar Muhammad Chaudhry.

The bench had taken up a petition of Ms Ruhaifa, mother of civilians Syed Abdus Saboor, Syed Abdul Basit and Syed Abdul Majid. They were among the 11 prisoners who went missing from outside the jail on May 29, 2010, the day they had been acquitted of terrorism charges.

The prisoners were wanted for different acts of terrorism, including October 2009 attacks on the GHQ and ISI’s Hamza Camp in Rawalpindi.

Four of them, including Ruhaifa’s son Syed Abdus Saboor, were later found dead in mysterious circumstances.

Ruhaifa died of heart attack hours after seeing her ailing sons at the Supreme Court on Feb 13. Advocate Raja was taken to task for his jibe against parliamentarians when he questioned their role (of not drafting a law to handle the missing people issue) and asked if they represented the will of the people.

“You have no right to say this on behalf of your clients,” retorted Justice Khilji.

“The parliament is very much working; had it not there would be a martial law in the country,” the chief justice observed while recalling the recent adoption of the 20th Amendment. The hard-hitting remarks were made when the counsel read out a report submitted on behalf of the intelligence agencies which said that personnel of security agencies had laid down their lives to protect the supreme national interest of the country and chased and hounded only those who played into the hands of the enemies of “our dearest homeland, Pakistan”.

“Nobody is denying the sacrifices rendered by the intelligence agencies, but what to do as we are under oath to strictly adhere to the Constitution while remaining within the confines of the law,” the chief justice observed.

The counsel said the concern of the court had been conveyed to the military high command and asked who would check the inflow of foreign funds, especially in Balochistan. “They are putting their heads together to resolve the situation,” he said.

“This does not mean that laws should be violated,” the bench said, adding that the reply by the agencies said nothing.

“In your report you have not specified under which agency’s custody these prisoners were,” the chief justice said, adding that their responsibility was expanding.

“At least we should put in efforts to save lives as we all are answerable to God,” the chief justice said. “We are giving a loud and clear message that agencies could arrest suspects but under the law and the Constitution.”

Referring to the rising hue and cry over the increasing incidents of missing people in Balochistan, the chief justice regretted that fingers were being pointed at the intelligence agencies.

“If we do not follow the laws, warlords would get benefit out of the situation so created,” the bench said, adding that the court could not be oblivious of the protest camp of families of the missing persons.

“We feel sorry for Ruhaifa. We can’t hush up things as it gives rise to unrest,” chief justice said. There should be a limit to insensitivity, he added.

The chief secretary of Khyber Pakhtunkhwa won praise for his report and the court expressed satisfaction by saying that the suspects were now in safe hands and their health was improving.

The report said that 36 attendants and relatives had met the internees.

The chief secretary was, however, asked to keep the detainees under his control and submit an update on their health conditions by March 16.

Mufti Abdul Baees, a relative of the three brothers, told Dawn that he had met them in Peshawar’s Lady Reading Hospital two days ago. He said their health was improving, but complained that they were still kept blindfolded and in handcuffs.