Law:

Section:

Constitution of Pakistan--Art. 184(3)---Human rights case under Art. 184(3) of the Constitution regarding missing persons---Persons in custody of Army---Internees in judicial lockup taken away by Army authorities without any internment orders---Legality---Concerned Superintendent of the internment centre furnished a list before the Supreme Court which contained names of undeclared internees who were taken away by the Army Authorities---Supreme Court observed that sufficient evidence had been made available to conclude that 35 persons, named in the list, were in custody of Army, therefore, the Army authorities were bound, under the law, to produce them before the court of law and had no authority to retain their custody unauthorisedly---Supreme Court directed Additional Attorney-General to take up the present matter with Ministry of Defence and to produce the persons named in the said list under the Constitution and law from the custody of the Army during course of the day and submit a report in such behalf. ORDER The Secretary Defence, reportedly has been advised medical rest, therefore, he is not in attendance in response to our direction dated 25-11-2013. This may be noted that in respect of one Yaseen Shah son of Qabil Shah missing person, Superintendent, Judicial Lockup Malakand vide letter dated 12-2012(sic.) submitted before the Peshawar High Court, acknowledging that he along with other 34 undeclared internees had been handed over to the Army Authorities without any Internment orders. He further stated in the letter that when he took over the charge of Internment Centre Malakand on 19-9-2011, 66 undeclared internees including Yaseen Shah son of Qabil Shah resident of Katlang were handed over to the Army Authorities without any Internment orders, the list of which was submitted to the Inspector General of Prisons KPK vide letter No. 1954 dated 29-11-2011. Later on, 31 undeclared internees were handed over to him and rest of 35 detenues who were not declared as internees by the Interning Authorities including Yaseen Shah, were shifted out of Internment Centre Malakant by the Army Authorities. 2. The hearing of the case was postponed from time to time and…

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