No laws to govern spy agencies, SC told

ISLAMABAD: The Supreme Court highlighted on Thursday a thorny issue when it asked about laws that governed the country’s spy agencies, but was informed by none other than the chief law officer that there were none.

“Is there any law governing intelligence agencies,” wondered Chief Justice Iftikhar Mohammad Chaudhry, the head of a three-judge bench hearing a joint petition filed by Attiqur Rehman and others against the alleged kidnapping of Dr Niaz Ahmed, Mazharul Haq, Shafiqur Rehman, Mohammad Aamir, Abdul Majid, Abdul Basit, Abdul Saboor, Shafique Ahmed, Said Arab, Gul Roze and Tehseenullah from Adiyala jail in June after their acquittal on terrorism charges.

The court raised the question while referring to a reply submitted on Wednesday by Attorney General Maulvi Anwarul Haq on behalf of two premier intelligence agencies — Inter-Services Intelligence and the Military Intelligence. …

Read more : DAWN

More details : BBC urdu

One thought on “No laws to govern spy agencies, SC told”

  1. Who and why say that there is no law. The agencies may or may not be accountable but question is to whether the courts implement checks on law enforcement in its truest spirit. The courts themselves have an important role to play. There is a thing called Review Board. It is when a person is detained for matters of national security and it comprises of Hon’ble judges of Supreme Court or the High Court.

    Please refer to following excerpt of the sacred constitution:

    The Constitution of Pakistan

    Article 10. Safeguards as to arrest and detention. (1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.
    (2) Every person who is arrested and detained in custody shall be produced before a magistrate within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the nearest magistrate, and no such person shall be detained in custody beyond the said period without the authority of a magistrate.
    (3) Nothing in clauses (1) and (2) shall apply to any person who is arrested or detained under any law providing for preventive detention.
    (4) No law providing for preventive detention shall be made except to deal with persons acting in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof, or external affairs of Pakistan, or public order, or the maintenance of supplies or services, and no such law shall authorise the detention of a person for a period exceeding [10][three months] unless the appropriate Review Board has, after affording him an opportunity of being heard in person, reviewed his case and reported, before the expiration of the said period, that there is, in its opinion, sufficient cause for such detention, and, if the detention is continued after the said period of [10][three months], unless the appropriate Review Board has reviewed his case and reported, before the expiration of each period of three months, that there is, in its opinion, sufficient cause for such detention.
    Explanation-I: In this Article, “the appropriate Review Board” means, (i) in the case of a person detained under a Federal law, a Board appointed by the Chief Justice of Pakistan and consisting of a Chairman and two other persons, each of whom is or has been a Judge of the Supreme Court or a High Court; and
    (ii) in the case of a Person detained under a Provincial law, a Board appointed by the Chief Justice of the High Court concerned and consisting of a Chairman and two other persons, each of whom is or has been a Judge of a High Court.

    Explanation-II: The opinion of a Review Board shall be expressed in terms of the views of the majority of its members.
    (5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, [11][within fifteen days] from such detention, communicate to such person the grounds on which the order has been made, and shall afford him the earliest opportunity of making a representation against the order:
    Provided that the authority making any such order may refuse to disclose facts which such authority considers it to be against the public interest to disclose.
    (6) The authority making the order shall furnish to the appropriate Review Board all documents relevant to the case unless a certificate, signed by a Secretary to the Government concerned, to the effect that it is not in the public interest to furnish any documents, is produced.
    (7) Within a period of twenty-four months commencing on the day of his first detention in pursuance of an order made under a law providing for preventive detention, no person shall be detained in pursuance of any such order for more than a total period of eight months in the case of a person detained for acting in a manner prejudicial to public order and twelve months in any other case:
    Provided that this clause shall not apply to any person who is employed by, or works for, or acts on instructions received from, the enemy [12] [or who is acting or attempting to act in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof or who commits or attempts to commit any act which amounts to an anti-national activity as defined in a Federal law or is a member of any association which has for its objects, or which indulges in, any such anti-national activity.]
    (8) The appropriate Review Board shall determine the place of detention of the person detained and fix a reasonable subsistence allowance for his family.
    (9) Nothing in this Article shall apply to any person who for the time being is an enemy alien.

By using this service you agree not to post material that is obscene, harassing, defamatory, or otherwise objectionable. Although IAOJ does not monitor comments posted to this site (and has no obligation to), it reserves the right to delete, edit, or move any material that it deems to be in violation of this rule.

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s