The Supreme Court on Monday hearing petition of senior leader of Jamaat-e-Islami Khyber Pakhtunkhwa against Action (in Aid of Civil Power) Regulation, 2011, sought complete report from secretary FATA regarding the losses of human live from April 12, 2008 till date (26-03-2013).

Ghulam Nabi, counsel for former Senator Prof Muhammad Ibrahim Khan, contended that Action (in Aid of Civil Power) Regulation, 2011 was used against those people, who were fighting against the US aggression in FATA and PATA. He said that security forces were also involved in the killing of people in KPK as army chief himself tendered apology over the killing of 174 people in FATA.

A three-member bench of the apex court, headed by Chief Justice Iftikhar Muhammad Chaudhry was hearing the suo moto case regarding missing of prisoners from Adiala Jail.The bench also observed that if the applicant could give written statement that there was complete peace in FATA and PATA then army could be recalled from these areas. It also said that if there was no need of army in Swat then facts should be presented before the court. The chief justice said that FATA and PATA could not be handed over to the miscreants.

During the hearing, the counsel for applicant said that there should not be distinction among terrorists and all of them should be treated without discrimination. He also stated that the court should summon the record of terrorists’ activities from three places like FATA, Balochistan and Karachi.

Ghulam Nabi said that law and order situation in Karachi was worse than Swat but this law was not enforced in that city. He also contended that scope of regulation was beyond the Article 245 of the constitution as five millions IDPs were facing severe hardships due to the enforcement of Action (in Aid of Civil Power) Regulation, 2011.

He also said that due to this incident, people were being detained since 2008 and no charge was framed against them.The CJ asked him that whether the applicant wanted that accused persons should be given free trail and due process in view of the Article 4 and 10-A of the constitution.

He also questioned the bona fide of the petitioner saying that whether he wanted that terrorists should be allowed to move freely.The hearing of the case is adjourned today (Tuesday).