LAHORE, Nov 26: A visibly annoyed Chief Justice Iftikhar Muhammad Chaudhry has warned the defence minister (the post is held by the prime minister) and the defence secretary to either produce on Thursday 35 undeclared detainees taken away by the army authorities from an internment centre or face consequences.
The chief justice issued the warning after the defence authorities failed to produce them and sought more time.
A three-judge bench comprising the chief justice, Justice Jawwad S. Khwaja and Justice Amir Hani Muslim had taken up at the Lahore registry of the Supreme Court on Tuesday a human rights case for the recovery of one Yasin Shah and 34 other internees.
Additional Defence Secretary retired Maj Gen Raja Arif Nazir, Senior Joint Secretary Anzar Rizvi, Director Legal Mohammad Irfan, Khyber Pakhtunkhwa IG (prisons) Zakir Husain Afridi and Superintendent of Malakand Internment Centre Ataullah appeared before the bench.
The defence secretary did not attend the hearing.
Additional Attorney General Tariq Khokhar informed the court that the defence secretary had been advised medical rest. He sought time on behalf of the defence authorities to produce the missing persons.
He said acting charge of the defence secretary had not been given to anyone and the portfolio of defence minister was with the prime minister.
The bench noted that no document about medical leave of the defence secretary was produced and directed the additional secretary to submit it.
The superintendent of the internment centre presented a list of 35 undeclared internees handed over and later taken away by the army.
The chief justice said there was sufficient evidence to establish that these people were in the army’s custody, adding that the army authorities had no right to retain them in unlawful custody and were bound to produce them before the court of law. He observed that these people were not missing persons because their custody had been identified.
The court put off the hearing to 1pm and directed the additional attorney general to take up the matter with the defence ministry and ensure production of the internees from the army’s custody.
When the bench reassembled, additional defence secretary Maj Gen Raja informed it that the acting charge of the secretary had been entrusted to him and said he needed time to produce the internees.
But the chief justice turned down the request and ordered him to produce the internees today (Tuesday) at any cost. “We are sitting here, go and bring the persons though in evening.”
He regretted that the army was tarnishing its image by not producing the undeclared internees. Justice Khwaja said the matter involved implementation of Article 9 of the Constitution and the court was under constitutional obligation to maintain supremacy of the Constitution.
The bench resumed the hearing at 4pm with the additional attorney general and the additional secretary defence in attendance. The court directed the defence minister and the secretary to produce the internees on Thursday or appear before it in person.
The next hearing will be held at the Supreme Court’s Karachi registry.
