ISLAMABAD: A deputy attorney general for Pakistan on Friday apprised the Supreme Court that concerned internment authorities of Parachinar Khyber Pakhtunkwha had not considered an application of two detainees for their release.
Dil Muhammad Alizai, deputy attorney general, told a three-Judge bench headed by Chief Justice Iftikhar Muhammad Chaudhry that the concerned authorities did not consider application for release of two detainees Abdul Basit and Abdul Majid for the time being, due to their involvement in terrorism activities in the tribal areas.
The bench was hearing a constitutional petition moved by late Rohaifa bibi for the recovery and release of her sons.
An anti-terrorism court in Rawalpindi had acquitted them on April 8, 2008, of terrorism, but the Rawalpindi district coordination officer issued their detention order under the Maintenance of Public Order Ordinance, which was set aside by the Lahore High Court on May 28, 2010.
However, Adiyala Jail Superintendent Saeedulllah Gondal handed over the detainees to Inter-Services Intelligence (ISI) and Military Intelligence (MI) personnel. They took them to an unspecified place.
In May last year, the judge advocate general informed the apex court that the men had been formally arrested in the first week of April and a case had been registered against them under Section 2(1)(d) of the Pakistan Army Act of 1952.
Of the 11 detainees, four have died — Mohammad Aamir on Aug 15, Tahseenullah on Dec 17 and Said Arab on Dec 18 last year, and Abdul Saboor on Jan 20.
In today’s proceedings, Tariq Asad advocate, counsel for petitioner, appeared and stated that these two detainees could not be kept in confinement any more and claimed that their detention under Actions in Aid of the Civil Administration Act 2011 was illegal.
He also alleged that he was maltreated by additional secretary FATA Tashfeen to which the bench observed that they would not allow anyone to misbehave with lawyers.
The chief justice asked the advocate general Khyber Pakhtunkhwa to get reply from the additional secretary.
The bench also issued notices to the respondents over the amended petition of the counsel over the Act and adjourned hearing for two weeks.