ISLAMABAD: The Supreme Court on Wednesday directed the Attorney General for Pakistan (AGP) to submit review report on cases of detainees in internment centres and also sought details about the number of cases dismissed or sent to the courts.
A five-member larger bench of the apex court headed by Chief Justice Asif Saeed Khan Khosa and comprising Justice Gulzar Ahmed, Justice Mushir Alam, Justice Umar Ata Bandial and Justice Qazi Faez Isa heard the federal and the KP governments’ appeals against the Peshawar High Court’s (PHC) order to annul the KP Action (in Aid of Civil Power) Ordinance, 2019.
During the course of proceedings, Justice Gulzar Ahmed said that the court wanted to see Article 10 of the Constitution as it used the word enemy. He asked who were these people?
The Chief Justice asked whether the enemies were the citizens of Pakistan?
The Attorney General responded that if he was involved with foreign forces then it would be called enemy.
He said that the country was facing external intervention by the enemy in these areas as many people did not even had ID cards.
Justice Qazi Faez Isa asked the Attorney General for Pakistan (AGP) that he did not mention the names of law books.
He asked the AGP that books about the laws he was arguing about were not disclosed to the court staff.
The case is under trial and the Attorney General for Pakistan (AGP) did not bother to submit names of the books.
The Chief Justice asked were those held in detention centers with no proven identity?
The Attorney General for Pakistan (AGP) said that most of them were people whose identity was not proven.
There had also been action by the courts against those whose identity proved to be.
Justice Qazi Faez Isa asked the Attorney General for Pakistan (AGP) that the case he was referring to is also fixed to trial before a special court.
He asked whether the cases were sent to the special court. He said that he wanted to understand how someone was called a enemy.
He asked under what law was taken after declaring someone enemy?
The Attorney General said that the Protection of Pakistan Act 2014 was brought in to deal with the enemies of the country. Every person who took up arms against the state was the enemy of the country, he added.
Justice Qazi Faez Isa said that an investigation must be made before anyone is declared an enemy of the country and investigation report should also be shared with the court, according to the law.
He asked how many investigative reports were submitted to the courts?
The Chief Justice said that the federal government formally declared a country hostile. The debate was started when India was declared favorite country, he added.
He said that it was stated at that time how could the enemy country be called the favorite?
Justice Qazi Faez Isa asked was India declared an enemy country?
The Attorney General said that he would submit a notification to declare India an enemy country.
Justice Qazi Faez Isa asked would the notification be presented after the case disposed off?
The Chief Justice remarked that it was the government’s job to satisfy the court.
Terrorists do not have basic rights, he added.
He said that the court was concerned about every detained citizen.
Later, the Chief Justice directed the Attorney General for Pakistan (AGP) to submit review report and adjourned hearing of the case for two weeks.