IN THE SUPREME COURT OF PAKISTAN 
(Original Jurisdiction) 
 
 
 
 
 
 
 
 
 
 
PRESENT: 
 
MR. JUSTICE IFTIKHAR MUHAMMAD CHAUDHRY, CJ 
MR. JUSTICE KHILJI ARIF HUSSAIN  
MR. JUSTICE TARIQ PARVEZ  
 
 
CONSTITUTION PETITION NO. 1 OF 2012  
 
 
Mst. Rohaifa 
 
 
 
 
 
… 
PETITIONER  
 
VERSUS 
 
Federation of Pakistan through Secretary 
Ministry of Defence & others  
 
 
… 
RESPONDENTS 
 
 
For the petitioner: 
 
Mr. Tariq Asad, ASC   
 
On Court notice:   
 
Maulvi Anwar-ul-Haq 
 
 
 
 
 
Attorney General for Pakistan 
 
 
 
 
 
Mr. Asadullah Chamkani, AG, KPK 
 
 
 
 
 
Imtiaz Ahmad, DSP City, Peshawar   
 
 
 
 
 
For respondent No. 1:  
Ch. Muhammad Yaqoob, J.S.  
Comdr. Muhammad Hussain Shahbaz, 
Director Legal, Ministry of Defence 
 
Respondents No. 2 – 4:  
Raja Muhammad Irshad, Sr. ASC (absent)  
 
Respondent No. 5:  
 
Not represented.  
 
Date of hearing:  
 
10.02.2012   
-.-.- 
 
ORDER 
 
 
 
IFTIKHAR MUHAMMAD CHAUDHRY, CJ. – In 
response to order dated 30.01.2012, four detenus, namely,     
CONST.P 1/2012 DT 10.02.2012 
2 
Dr. Niaz Ahmad, Abdul Maajid, Gulroze and Abdul Basit, 
reportedly admitted in the Lady Reading Hospital, Peshawar 
(LRH) and Mazharul Haq, Shafiqur Rahman and Muhammad 
Shafique who are stated to be in the Internment Centre, Para 
Chinar have not been produced. Raja Muhammad Irshad, Sr. ASC 
had filed caveat on behalf of respondents No. 2 to 4. Before Juma 
prayer, case was taken up and he was made to understand that 
the Court order has to be complied with, with a further direction 
to him to make arrangement for their production before the 
Court.  
2.  
 
When the case was taken up again, in view of its 
importance, at about 5.00 p.m., Raja Muhammad Irshad, learned 
Sr. ASC was not in attendance. The learned Attorney General for 
Pakistan, on our query, stated that at about 3.30 p.m., the 
former had informed him that the detenus who were in the 
Internment Centre, Para Chinar could not be brought as they had 
to cover a long distance while travelling from Para Chinar to 
Islamabad and at the same time, he informed that the detenus 
reportedly admitted in the LRH shall also be brought along with 
them. The learned Advocate General, Khyber Pakhtunkhwa is 
also present in Court. He was asked to explain that if the 
statement/information so recorded by them is accepted to be 
correct, it means that the detenus are in the custody of the Civil 
Administration because the persons who are in the Internment 
Centre, Para Chinar cannot be kept over there without the 
sanction 
of 
the 
competent 
authority/Governor, 
Khyber 
CONST.P 1/2012 DT 10.02.2012 
3 
Pakhtunkhwa. Similarly, the detenus in the LRH are in a civil 
hospital, therefore, the Civil Administration ought to have 
inquired about their detention over there. Imtiaz Ahmad DSP 
City, Peshawar appeared and stated that he had no knowledge of 
the admission/detention of the four above named persons in the 
LRH. Be that as it may, on the last date of hearing, Raja 
Muhammad Irshad, Sr. ASC, who appeared on behalf of 
respondents No. 2 to 4 along with Ch. Muhammad Yaqoob, Joint 
Secretary 
and 
Commander 
Muhammad 
Hussain 
Shahbaz, 
Director Legal, Ministry of Defence was directed to produce all 
the seven persons before the Court. Although reply has been 
filed, 
but 
compliance 
has 
not 
been 
made. 
Under 
the 
circumstances, we are of the opinion that it is the responsibility 
of respondents No. 2 to 4, namely, Director General, ISI, Director 
General, MI and Judge Advocate General, JAG Branch, to comply 
with the order of the Court in letter and spirit. Non-appearance of 
their counsel also suggests that reluctance is being shown from 
producing the detenus before the Court. This fact may not be out 
of context that initially when this case came up before this Court 
on 06.01.2011 statement was made by Raja Muhammad Irshad 
on behalf of respondents No. 2 to 4 that the said persons had 
been taken from Adiala Jail for the purpose of trial under the 
Army Act. And reportedly, four persons, namely, Muhammad 
Amir, Tahseenullah, Said Arab and Abdul Saboor, in the 
meantime, had passed away. According to the learned counsel, 
dead bodies of two out of above four persons were handed over 
CONST.P 1/2012 DT 10.02.2012 
4 
in the LRH while the third, namely, Said Arab was alive at that 
time, but he subsequently died in the LRH and his dead body was 
also handed over to his heirs. As far as the dead body of Abdul 
Saboor is concerned, his dead body was found lying in an 
ambulance parked near Haji Camp, Peshawar. Therefore, 
production of left over persons named above before the Court 
was all the more necessary. In the circumstances, we direct 
respondents No. 2 to 4, severally and jointly, as well as the Chief 
Secretary, Government of Khyber Pakhtunkhwa, who is the head 
of the Civil Administration over there to ensure production of 
these persons before this Court in safe custody without fail on 
13.02.2012.  
3.  
 
The instant order be communicated to respondents 
No. 2 to 4 through Secretary Defence. Copy of the process shall 
be collected by the representatives of the Ministry of Defence 
mentioned above from the office during the course of the day 
and after effecting service upon respondents No. 2 to 4 they shall 
send compliance report to the Registrar.  
4.  
 
In the meanwhile, notice be also issued to the 
Governor, Khyber Pakhtunkhwa through the Chief Secretary to 
apprise this Court as to whether in terms of Article 14 of the 
Actions (in Aid of Civil Power) Regulation, 2011 as to whether the 
Oversight Board had been constituted, and if so, he should 
procure report from the Board as to whether they had visited the 
persons who were allegedly detained in the Internment Centre 
CONST.P 1/2012 DT 10.02.2012 
5 
for the purpose of ascertaining their condition. The Chief 
Secretary shall appear in person.  
 
 
 
 
IFTIKHAR MUHAMMAD CHAUDHRY, CJ.   
 
 
 
KHILJI ARIF HUSSAIN, J.  
 
 
 
TARIQ PARVEZ, J.  
 
 
  
 
 
 
Islamabad, the 
10 February, 2012  
 
