SC seeks details of internees of interment centers

ISLAMABAD: The Supreme Court (SC) on Wednesday sought complete details of the internees detained in scores of interment centers in tribal areas and observed that the instant matter relates to liberty of the citizens guaranteed by the Constitution.

A five-member larger bench of the apex court headed by Chief Justice Asif Saeed Khan Khosa resumed hearing into the petitions filed by the government of KP as well as the federal government challenging the order of Peshawar High Court (PHC) on October 17, striking down the KP government’s ‘Action in Aid of Civil Power Regulation Ordinance 2019 as well as vires of Fata Act 2019 and Pata Act 2018.

After Attorney General Anwar Mansoor Khan could not satisfactorily answered the questions put by the court, Chief Justice Asif Saeed Khan Khsoa asked the law officer to make preparation while searching out in detail the meaning of alien enemies. The chief justice observed that as to whether the authorities concerned reviewed the cases of internees, detained in the interment centers or not, the court will examine it in detail, adding that the constitution protects the right to liberty as well as ensures equality of the citizens.

During the course of proceedings, the failure on the part of Attorney General by assisting the court led to an ugly situation when the law officer could not respond volley of questions put by Justice Qazi Faez Isa.

“It was because of these reasons he had raised objections to the presence of the judge”, Attorney General Anwar Mansoor Ali Khan told the court in high tone after Justice Qazi Faez Isa was posing questions to him.

In his arguments, Attorney General said any person raise weapons against the state is an enemy while citing various laws pertaining to the subject matter. He cited various laws including Protection of Pakistan Act 2014, Foreign Citizen Act 1951 as well Enemy Alien Ordinance 1943.

He said that alien enemy is not defined anywhere but in 2011 regulations adding that the regulations relate to those areas where alien enemies are residing. “These are the people whose identities are not shown,” AG said. The, CJP however, observed that the federal government must have a list of enemy countries.

Justice Qazi Faez Isa asked if India is an enemy of Pakistan. Yes, replied AG. Justice Isa asked where it is written. AG replied that he will produce a notification before the court. Justice Isa again questioned as to when the case will come to an end.

Justice Gulzar Ahmed observed that they will look into Article 10 of the Constitution wherein the word enemy has been used adding as to why these people are there

The CJP asked as to whether these alien enemies are citizens of Pakistan. The AG replied that if they were found involved with foreign elements and involved in anti-state activities, they would be considered alien enemies. The AG added that most of them are not holding National Identity Cards.

The CJP asked as to whether those persons are detained in interment centers whose identities are not proved. The AG replied in affirmative adding that those whose identities are not proved, they are proceeded with in courts.

Meanwhile, the CJP asked AG to make preparations and assist the court on next date of hearing. The court asked as to how much time he will require to which AG replied two weeks as he said he will not be available next week because he has to leave abroad on official duty.

The CJP then asked the AG to inform his office so that the case may be fixed for further hearing and adjourned the hearing for date-in-office (indefinite period).