Daily Times

The government on Thursday submitted details about internment centres in the Supreme Court during hearing of the appeals of the federal and provincial governments against Peshawar High Court’s verdict.

A five-member larger bench of the Supreme Court headed by Chief Justice Asif Saeed Khan Khosa yesterday ordered the state to submit detailed list of the prisoners in the court on Thursday.

The details of the detention centres were submitted to the court in a sealed envelope. Attorney General Anwar Mansoor informed the court that the internment centres were set up in year 2011. The reply of the defence ministry was not included in the documents, Justice Qazi Faez Isa said. The copy of the Ministry of Defence’s reply will be provided to the court, attorney general replied. The federal government and the provincial government Khyber Pakhtunkhwa had challenged Oct. 17 verdict of the PHC against the internment centres. “It is the biggest case of contemporary history,” Chief Justice Khosa remarked. “We will review the constitutionality of the Action (in Aid of Civil Powers) Ordinance and take a decision,” the chief justice said.

“Under the regulation 19 accepting allegations against an officer as proved is dangerous, if such laws enacted then the courts are not needed (to work),” Chief Justice Khosa said. “Internment centres should set up across the country, catch the people and punish them,” Justice Khosa said.

After 25th Constitutional Amendment the law not remains into effect, Justice Qaiz Faez Isa observed. A clause of continuation of the law also included in 25th amendment, chief justice remarked. All these matters needed to be reviewed. “These centres were constituted for psychological treatment and rehabilitation of the terrorism offenders,” Attorney General Anwar Mansoor argued.

“If 1000 people inflict harm on one million, then the rights of one million should be protected,” AG said. “I will stand with the one if he is being punished against the law,” Justice Khosa remarked. “An accused have only court as source of help after Allah in this world,” he said.

“Prove your stance in arguments, the matter will be decided after detailed arguments,” chief justice said. The bench adjourned the hearing of the case till today.

The PHC in its judgment had declared the Action (in Aid of Civil Powers) Ordinance 2019, KP continuation of laws in erstwhile PATA Act 2018, KP continuation of laws in erstwhile FATA Act 2019 and Actions (In Aid of Civil Powers) regulation, 2011 as ultra vires of the Constitution.

The court also held that Ordinance V of 2019 is of no lawful authority in view of which secretary home KPK Civil Secretariat Peshawar was directed to notify all the interment centres as sub-jails in accordance with law within 24 hours, from the receipt of the judgment and IG prisons KPK was directed to take control of all such jails so declared, within next three days.