Islamabad: IHC sets aside detention order of 9 acquitted men
Islamabad: Islamabad High Court (IHC) Chief Justice Iqbal Hameed-ur-Rehman on Tuesday set aside detention orders of the nine accused being detained on the orders of a deputy secretary of the Ministry of Interior.
The accused were absolved by a high court bench from the charges of keeping explosive devices and detonators and also from the charges of assassinating Lieutenant General Mushtaq Baig.
Deputy Attorney General (DAG) Tariq Mehmood Jahangiri told the court that these men were detained on the orders of Ministry of Interior Deputy Secretary Salah-ud-Din on recommendation of the Inter-Services Intelligence (ISI) and approval of the prime minister.
During last hearing, the prosecution had requested the court to hold in-camera proceedings of the case, as they wanted to show some evidence against the accused.
Talking to ‘The News,’ the DAG said that they told the court that a magistrate had convicted these men and then they filed an appeal before the court of a district sessions judge (DSJ) which upheld the previous decision. These men then filed an appeal before the Lahore High Court which acquitted them. The government then filed an appeal before the Supreme Court against the acquittal of these men which is still pending. “We produced before the court the judgments of the magistrate and the DSJ along with some other incriminating evidence, he said.
Talking to ‘The News,’ Advocate Basharat Ullah Khan, defence counsel of the accused, said that the prosecution produced before the court the record of the cases from which they were already acquitted. The prosecution failed to produce anything new in the case, he said.
He said that a deputy secretary of the Federal Investigation Agency (FIA) had issued their detention orders on behalf of the government, who was not authorised to do so. The DAG, however, countered his argument and said that the Ministry of Interior issued the orders.
As per details of the case, the Saddar Beruni Police had arrested Qari Muhammad Ilyas and others on January 29, 2009, from Dhoke Lakhan near Dhamial Camp. Police had recovered explosives, detonators and grenades from their possession.
The nine accused — Qari Ilyas, Muhammad Nadeem, Muhammad Rizwan, Dr. Abdur Razzaq, Faisal Ahmad Khan, Zeeshan Jaleel, Muhammad Sarfraz, Muhammad Naeem Shakir and Usma bin Waheed — were also tried in the assassination case of Lieutenant General Mushtaq Baig.
One of the accused, Qari Ilyas, was also under trial for an attack on the Danish Embassy and also for a suicide attack at Melody Market, killing 15 policemen. The trial court gave him a seven-year sentence in one case, but later the high court issued his release orders.