Sethi’s trial under ordinary law
ISLAMABAD, May 31: The attorney general informed the Supreme Court on Monday that after the interrogation of detained journalist, Najam Sethi, by the Inter Services Intelligence (ISI) for three weeks, it had been decided that he would be tried in an ordinary court of law for his alleged anti-state activity.
The AG informed a three-member bench of the apex court that a case against Mr. Sethi had been registered by Margalla police station, Islamabad, on May 29. The AG, however, had no copy of the FIR. He told the court that Mr. Sethi would be produced before a magistrate on Tuesday by the authorities that had kept him in their custody for three weeks.
The bench consisted of Justice Saiduzzaman Siddiqui, Justice Mamoon Kazi and Justice Chaudhry Arif.
When the court took up the application of Ms. Jugnoo Mohsin, wife of Mr. Sethi, on Monday, the AG was not present. Justice Kazi showed his displeasure by observing that it was a habeas corpus petition and the AG should not take it lightly.
When the AG finally came to the court, he stated that a case against Mr. Sethi had been registered under section 123 A, 124 A of PPC and section 13 of the Prevention of Anti-National Activities Act, 1974. He said the process of handing over Mr. Sethi to civil authorities would be complete today (Monday) and he would be produced before a magistrate on Tuesday.
The AG said the “Army authorities” had not interrogated Mr. Sethi and he (AG) had come to the conclusion that he would be tried in an ordinary court of law.
Justice Kazi inquired that who had arrested Mr. Sethi. The ISI replied “the AG”. “Can they arrest anybody?” Justice Kazi posed another question. “Yes, they can”, the AG replied.
Justice Kazi further inquired: “What about the civil rights of a citizen guaranteed under the constitution.” The AG replied that the armed forces were not only assigned the task of protecting the citizens from external aggression but also from enemies within the country. “Any person, who is working against the integrity of the country, can be arrested by the ISI without any warrants or registration of a case,” the AG added.
Justice Kazi observed there should be a prima facie case before the arrest of any civilian. The AG said it was a serious case and the seriousness could be gauged from the fact that the US and the UK had protested against Mr. Sethi’s arrest. “The gentleman has a history,” the AG said.
Justice Siddiqui observed that the court, which had granted leave to appeal against the judgment of LHC that it had no jurisdiction to look into the arrest of any citizen if he was in the custody of ISI, would definitely decide the issue.
“We will decide once for all the issue whether the ISI is part of the armed forces or a civil organization. The issue is cropping up again and again. It can happen to you (the counsel), to me, to anybody,” Justice Siddiqui observed. The Inter Services Public Relations (ISPR) had denied that the ISI had arrested Mr. Sethi, the judge added.
Dr. Khalid Ranjha, counsel for Ms. Jugnoo Mohsin, requested the court to grant bail to Mr. Sethi as he had been charged with a bail-able offence.
Justice Kazi observed that it was a peculiar case in which a person had been arrested without registration of any case and, after keeping him in custody for three weeks, the government had decided to proceed against him under the ordinary law.
The AG replied that the speech Mr. Sethi had delivered was also peculiar in nature.
Dr. Ranjha stated that, while arresting his client’s husband, no law had been complied with. He requested the court not to give the detainee into the custody of the police as it was feared that he would be tortured by them. He said that when the police had arrested Mr. Sethi, he was tortured by them. However, there was no complaint against the ISI, the counsel added.
Justice Kazi said, the counsel should not worry as the court, being the custodian of civil liberties, would not allow the police to torture him.
Justice Siddiqui reiterated that irrespective of the fact that the detainee would now be tried under the ordinary law, the court would once for all decide the basic issue whether the ISI was part of the armed forces.
The court also issued notice to the AG on the bail application filed by the wife of Mr. Sethi and announced that it would take up the application on Tuesday.
Source: Dawn
Date:6/1/1999
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