A counsel for Inter Services Intelligence (ISI) and Military Intelligence (MI) said Monday that a group of men detained for years on suspicion of terror attacks had been held on “moral grounds”, admitting there was no evidence against them.

Chief Justice Iftikhar Muhammad Chaudhry heading a three-member bench, including Justice Gulzar Ahmed and Justice Azmat Saeed, hearing the Raifa Bibi’s petition, said the intelligence agencies do not have authority to keep anyone in their custody for indefinite period and no ‘moral ground’ had any legal value.The Supreme Court gave the government until Tuesday to resolve the issue of Adiyala jail’s ‘missing’ prisoners.The chief justice noted that out of 11 prisoners, four have already died, and told the authorities to either present evidence against the remaining seven detainees or release them without further delay. He said it was a question of freedom of citizens as promised by the constitution of the land.

These men were first arrested in November 2007 and their release ordered in May 2010, only for them to disappear. The Supreme Court decided to investigate why the men had been held and in February 2012, they appeared before the court, in poor health, barely able to stand or talk.During the proceedings, Raja Irshad, the counsel for ISI and MI, said the agencies handed over the Adiala Jail prisoners to the Fata administration who were keeping them in Parachinar internment centre.

The chief justice said, “You (the agencies) cannot acquit yourself from the case as the agencies had taken them in their custody”.The CJP said, “When you arrested the prisoners you had said their trial would be conducted, which had not happened so far.” Raja Irsahd said it the court pass an order, they would release the detainees. The chief justice remarked why should the court issue order and told him that the agencies should decide about it by themselves. The counsel said that the agencies did not arrest people who have clean record. The chief justice inquired from the counsel if there was no evidence against the detainees then why the agencies have been keeping them detained.

Do you have any justification for it,” the CJP questioned. He said that if the custody proved illegal then law would take its course, as no one was above the law.Earlier, Deputy Attorney General Dil Muhammad Khan Ali pleaded that as per the law, after every 120 days the internment centre’ authority had to review the detainees’ conditions and evidences against them. The CJP ordered the government and intelligence agencies to report back to the court on today (Tuesday) about what would happen to the detainees.