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January 12, 2020

Col Inamur Rahim detention: Govt requests SC to suspend LHC release order


January 12, 2020

ISLAMABAD: The government Saturday requested the Supreme Court (SC)to suspend the order of a single bench of Lahore High Court Rawalpindi Bench declaring the detention of Col (R) Inamul Rahim advocate by the military authorities as illegal and unlawful.

A single bench of the LHC Rawalpindi Bench headed by Justice Mirza Viqas Rauf on January 9 declared Raheem’s detention as illegal and unlawful, directing his immediate release.

“For the reasons recorded to be later on, this petition is accepted, as a result thereof, detention of Inamul Rahim advocate with the army authorities is declared illegal and unlawful. He shall be released forthwith,” the bench held.

The Ministry of Defence filed an application with the Supreme Court praying that the operation of the impugned order dated January 9 may kindly be suspended till the final disposal of main CPLA in the interest of justice.

Similarly, the ministries of defense and interior Saturday challenged the LHC order.

The appeal was filed under Article 185(3) of the Constitution making Husnain Inam, son of Col (R) Inamul Rahim, as respondent.

Husnain Inam had filed Habeas Corpus writ petition with the Lahore High Court Rawalpindi Bench, challenging the forced disappearance of his father. The Ministry of Defence in its report/comments disclosed that the father of the respondent was apprehended by the military authorities under Section 2(1) (d) read with Section 59 and 73 of Pakistan Army Act, 1952, and Official Secrets Act, 1923 and investigation in this regard was under process. The ministry stated that the short order carried no effect as of final order, and if implemented the petitioner (Ministry) shall suffer an irreparable loss. It prayed to the apex court to set aside the LHC order saying it was against the law and facts of the case. It said the LHC Rawalpindi Bench had no jurisdiction to pass an order for release of an accused who was involved in espionage against the state adding that the competent military authorities had already taken cognizance of the matter.

It added that the issuance of an order for release of such accused amount to overlooking the substantive law, on the subject as stipulated in Article 199(3) of Constitution.

“The LHC has overlooked the legal position that in a case of habeas corpus, when the detenue has been declared in lawful custody of military authorizes as apprehended under Pakistan Army Act Section 2(1)(d) read with Official Secret Act 1923, then such petition becomes infructuous,” it added.

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