Published On: Sat, Jan 11th, 2014
Published in Category: Court News / Supreme Court

If armed forces to not follow Constitution then no one else will do: Justice Jawwad

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ISLAMABAD: Supreme Court judge, Justice Jawwad S. Khawaja has remarked that if armed forces do not follow the Constitution then no one else will do.

On Thursday, two member bench of the apex court headed by Justice Jawwad S. Khawaja heard the case of 35 missing persons from Malakand detention center picked by army.

The SC, while issuing notice to Prime Minister (PM) Nawaz Sharif as Chief Executive of the federation, Chief Minister (CM) and governor of Khyber Pakhtunkhwa (KP) province regarding implementation of court orders and federal secretary law and justice on not doing legislation for missing persons, has sought replies till January 17.

The court also issued notice to the chief secretary and secretary for PM in this regard and adjourned the hearing.

During the hearing, Justice Jawwad remarked, “Country is being dragged to unstable situation by doing unconstitutional and unlawful acts and all it is happening due to not obeying the law.” He said, no institution should consider itself above the law otherwise society would be destroyed.

On this occasion court said, SC had ordered on December 10, 2013 to present the missing persons within 7 days and to take action against military and civilian officials allegedly involved uplifting of these persons.

Other than that court had also ordered to send the report in this regard in registrar office, but despite of court orders neither report was submitted nor were court orders implemented.

The court said, government also constituted a committee to probe the matter of missing person but no report of progress regarding work of that committee has been presented.

SC said, only 7 persons were presented before the court while no report of legislation regarding forcefully lifting of persons has been also submitted despite of court orders.

Justice Jawwad reprimanded over the non-implementation of court orders for producing the rest of missing persons. He said no one is giving importance on court orders which is very regrettable.

He said it is very mournful situation in the country that there is no law for protection of citizens in terms of their prison and forced disappearance.

Justice Jawwad said nothing has been done so far to resolve the issue of missing persons and asked the Additional Attorney General Tariq Khokhar that when Committee will be constituted and no one knows what will do this committee?

Additional Attorney General Tariq Khokhar and other officials were also appeared before the court. Tariq Khokhar apprised the court that the government has filed a review appeal in this regard.

On the occasion, the court recalled that on 10th December, 2013 a verdict had been issued on human rights. It stated that army authorities had produced only 7 out of 35 detainees from Malakand detention center. The ruling also stated that army authorities and no other have right to kidnap anyone forcefully. If the implementation on verdict would not be done accordingly then the Chief Executive including other officers would be considered responsible. And report was sought within 7 days; however, nothing has been done so far.

Tariq Khokhar further apprised the court that he has no information regarding formation of committee to resolve the issue.

While Additional Attorney General Shah Khawar said that “Protection of Pakistan Ordinance” has been issued and more amendments are being made in this regard.

The Chief Executive of Pakistan (Prime Minister) himself called meetings on this issue and we are working round the clock to reach any logical conclusion, he added. Shah Khawar pleaded for more time to resolve the issue.

Justice Jawwad in his remarks said the country has been passing through difficult situation due to violation of the Constitution and laws.

Jawwad S. Khawaja said the court is hearing the same answer and lame excuses for the last six months. He said if the forces will not follow the constitution then no other will abide the law.

Everyone should respect and follow the Constitution in letter and spirit, Justice Khawaja added. Later the court adjourned the hearing till January 20 for further proceeding.
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