Islamabad: Plea to release three brothers dismissed
ISLAMABAD: The Islamabad High Court (IHC) on Thursday dismissed a petition seeking the release of three brothers who are facing court martial on the charges of attacking the GHQ, Hamza camp and other defence installations.
Abdul Basit, Abdul Majid and Abdul Saboor were held by the military authorities after their acquittal by an anti-terrorism court along with eight other persons in four terrorism cases, including the GHQ and Hamza camp attacks.
On October 10, Justice Riaz Ahmed Khan had reserved the judgment on the petition filed by the counsel for Mufti Abdul Baais, the brother of the three detainees.
The court dismissed the petitions on three grounds. It said the counsel for the petitioner had already admitted in the Supreme Court that the detention of the three brothers was not illegal; therefore, the IHC could not issue a habeas corpus writ.
Secondly, the petitioner had challenged the detention under Pakistan Army Act, but this matter was also dealt by the SC and the judgment of the apex court was there. As such, the IHC said it could not grant this relief as well.
The order noted that the petitioner did not include the prayer that the detainees should be dealt in accordance with Pakistan Army Act 1952. However, deputy attorney general has given assurances to the court that they would be dealt in accordance with the Army Act.
Lt-Col Inamur Rahim, the counsel for the petitioner, was of the view that Justice Khawaja Imtiaz Ahmed of Lahore High Court’s Rawalpindi bench had set aside their detention orders in May 2010.
He said instead of releasing them, Adiala Jail superintendent handed them over to an intelligence agency. The Military Intelligence in its reply told the IHC that all the three detainees were held at Fata under the ‘Action in Aid of Civil Power Regulations 2011 for Fata.’
The other detained persons facing court martial included Dr Niaz Ahmad, Mazharul Haq, Shafiqur Rehman, Mohammad Shafiq, Said Rab, Gul Roze and Tehsinulla.
One of the 11 detainees, Mohammad Amir, was found dead in Peshawar’s Lady Reading Hospital on August 15.