ISLAMABAD - The Supreme Court on Wednesday directed Secretary Ministry of Defence to submit a report on 11 missing prisoners, allegedly picked up by the agencies outside the Adiala Jail.

A three-member bench, headed by Chief Justice Iftikhar Mohammad Chaudhary, and comprised Justice Gulzar Ahmed and Justice Azmat Saeed Sheikh, was hearing the case of 11 Adiala Jail prisoners.

The Anti-Terrorism Court (ATC) had acquitted Syed Arab, Gulraiz, Hussainullah Jan and Abdul Rashid allegedly involved in Kamra suicide attacks on April 28, 2010. The same court also acquitted Dr Muhammad Niaz, Shafiqur Rehman, Abdul Majid, Mazharul Haq, Abdul Saboor, Muhammad Aamir and Abdul Basit on May 8, 2010 in Hamza Camp and GHQ attacks cases due to lack of evidence against them.

They were allegedly involved in five cases including the attack on plane of Gen. (Retd) Pervez Musharraf, attacks on Kamra and Hamza Camps, General Headquarters (GHQ) and allegation for having suicidal jackets. Out of 11 prisoners 4 died in the custody.

During the proceedings, Section Officer Litigation FATA Secretariat, Peshawar, appearing before the court, informed that the prisoners were in different jails of Khyber Pukhtoonkhawa after being sentenced by the Assistant Political Agent, Lower Orakzai under section 120 and 121 of Pakistan Penal Codes.

He also placed before the bench list of Adiala jail missing prisoners detained in the Bannu and Haripur Jails. According to the list Shafiq-ur-Rehman, Gulraiz, and Rashid are in Haripur jail and Dr. Niaz, Abdul Basit, Abdul Majid and Muhammad Mazharul Haq detained in Bannu prison.

The chief justice questioned of what crime they were sentenced as the law enforcement agencies had failed to prove the crimes, the CJP asked. How a separate trial was conducted?, he further asked. The court said that they had been in the custody for the last seven years.

It's worth mentioning here that Mohammad Irshad on December 9, 2010, representing Inter Service Intelligence (ISI) and Military Intelligence (MI), had told the Court that Adiala Jail missing prisoners after their arrest from operational areas were in the custody of law enforcement agencies and would be dealt with under the Army Act and would face Field Court Marshal.

During the proceeding, Attorney General Munir A Malik requested the court, "Let me make another try, let me talk to secretary defence, minister and even the higher authority." He assured the court that he would come back with some solution.

Asma Jahangir, representing one of the missing prisoners of Adiala Jail, complained that the Internment Centres authorities were torturing the prisoners, and declare detenue's death due to so-called heart attack, while the reasons of their death was severe torture.

The former president SCBA said human rights condition in the Internment Centres was abysmal, adding the parallel judiciary system is going on there. She further informed the court that the Internment Centres authorities did not allow the families to meet with the detainees.

Attique-ur-Rehman, brother of Dr. Niaz, informed the court that two days ago he went to Peshawar Jail to meet his brother, as he was initially detained there. But the authorities told him that Dr. Niaz had been shifted to Bannu jail.

The court said the petitioner Tariq Asad had already completed its arguments and now after Attorney General's arguments they would pass a judgment regarding the matter.

The hearing was adjourned till November 20.