[GAGNAPPEAPH]

The SC on March 01 directed chief secretary Khyber Pakhtunkhwa to submit till March 16 an updated report over health conditions of seven prisoners (referred to as Adiyala Jail) under the custody of provincial government.

A three-Judge bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Khilji Arif Hussain and Justice Tariq Parvez on a plea of late Mst: Rohaifa bibi, also asked counsel Tariq Asad, to go through the report submitted by KPK chief secretary and apprise it on next date of hearing what relief he wanted to seek.

The Chief Justice told him that now the missing prisoners had been traced out and given under the custody of provincial government KPK under the Actions (in Aid of Civil Power) Regulations, 2011, so the petitioner, should apprise the Court what further relief they wanted.

He also appreciated the comprehensive report submitted by Chief Secretary KPK over the conditions of prisoners and said that he had done marvelous job as their health conditions had been improving and they were treated in accordance with law.

The bench also questioned Raja Muhammad Irshad, counsel for Military Intelligence and Inter Services Intelligence, to apprise the bench under which law these people were kept under their custody.

He said everyone should have to follow the rule of law and constitution and no one was above the law.

The Chief Justice told the counsel that there was hue and cry across the country over missing persons cases while the situation in Balochistan province was alarming.

He said allegations were levelled against the secret agencies.

He said Rohaifa, the petitioner, died due to tragic death of her sons but nobody moved.

The parliament which represented the will of people had been functional and legislation over the issue could be done there, he reminded the counsel.

He said if the Court accorded respect to anybody it did not mean that they started taking law into their hands.

The counsel for secret agencies said that some one should have to check the involvement of foreign elements.

The bench said that they have always appreciated the sacrifices rendered by the respondents but there was rule of law in the country and everybody was required to act under it.

A report by the chief secretary KPK submitted before the bench said that all the seven persons had been admitted in Lady Reading Hospital Peshawar and a medical board of four seniors professors was constituted for taking care of them.