Published On: Tue, Jan 21st, 2014
Published in Category: Government

Court has to ask from govt, not from army about missing persons: SC

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ISLAMAABAD: Justice Jawwad S Khawaja has remarked ‘ one thing is very clear army has taken away the missing persons and we have to ask from the government and not from army in this matter as army is working under federation.

He further remarked “we will initiate contempt of court proceedings against the responsible persons on non implementation of court’s orders. Situation is very clear. Government does not want to implement court’s orders. We will not summon army and federal government will have to give reply on this count.

He further remarked “we have no gun or wand but law and constitution is with us. Not the government and any of its institution are ready to investigate missing persons matter.

He observed “ are we living in jungle. Is it not an Islamic state and that father died under grief of his missing son and mother is about to die. If someone thinks that that matters will continue to run this way then he is under grave delusion. We will not allow 6 months more are spent in this case. Government should not turn blind eye to this matter. Government has completely failed in the protection of human rights. Certain institutions consider them above law and constitution.

He further observed” if the law is merely a book then government should tell us this. Government is delaying the matters deliberately.

A member bench of Supreme Court (SC) took up non implementation of court’s orders on recovery of 35 missing persons case for hearing Monday.

At the inception of hearing of the case Attorney General (AG) Suleman Aslam Butt appeared in the court.

Justice Jawwad S Khawaja welcoming him remarked “ what has been done about missing persons. We cannot say best till now. This is one case and there are other cases as well. No headway is being made from the government side.

AG said only 7 out of 35 persons have been recovered so far. Army has lifted these persons. It has also been asked to take action against the persons found responsible.

Justice Jawwad S Khawaja remarked “ what has he to say about court’s orders.

AG told defence ministry has filed review petition on court’s decision. Complete details have been given about 35 persons.

Justice Jawwad remarked “ it has been said about 15 persons that they don’t know about them. Some are in Afghanistan. We have seen this all.

AG said “ we are ready to give in camera briefing with reference to these people. Search process is underway in respect of 7 persons.

Justice Jawwad S Khawaja remarked “ this matter is running since long. Government is spoiling the matters on its own. Had government been active we would have said that difficulties are there. What should have been done is not being done. Some things have come to light. We will issue orders on it. 14 out of 35 persons have been recovered. The remaining have gone where. The family members of these person remain present in the court on every occasion. Mohabbat Shah father of Yasin Shah has been coming to the court on every hearing. Tell us are they not citizens. Are the second rated citizens. We will ask its justification from you. These persons have been picked up from Malakand.

He further remarked “government has failed in the protection of human rights. We have not to go to FATA or PATA. It is job of government. Court understands the sensitivity of the matter and is exercising restraint.

Government of Punjab told that notice has been issued to them erroneously.

Justice Jawwad remarked “ if someone thinks that the matters will continue to run this way then one is under some delusion. We have powers and we will exercise them at every cost.

He further remarked “ only one way is left with us for implementation of orders. We have to ask from Prime Minister and chief minister and not from the army that these persons have gone where. Your citizens have gone missing. Has anyone conducted some investigation. Has the law been implemented. Has action been taken against someone or otherwise.

The court remarked “ we will not allow anyone to usurp the rights of any one. We had asked federal and provincial governments to take action. A law is there on non compliance of court’s orders. Government has made so much clear that it does not want to do anything. We will do whatever law allows us.

AG said “we will see the matter with all sincerity. We have summoned reply from KP government.

The court while seeking reply from AG, defence ministry, secretary to Prime Minister (PM) and secretary to chief minister Khyber Pakhtunkhwa (KPK) on the implementation of court’s order with respect to recovery of missing person and action against the responsible persons has adjourned the bearing of the case till January, 22.
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