Published On: Thu, Jan 23rd, 2014
Published in Category: Islamabad

Missing persons case: Court rejects report presented by KPK government

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ISLAMABAD: Justice Jawwad S Khawaja has remarked “ ordinance of one’s own choice is promulgated over night He gave these remarks while presiding over a 3-member bench of Supreme Court (SC) during the course of hearing of 35 missing persons case Wednesday.

He further remarked “ Certain institutions consider them above law. Those deviating from law and constitution are putting the country into difficult situation. Law, constitution and facts will not be changed no matter how much one let our things go heard or unheard.

He further observed “ if court’s orders has not to be complied with then no legislation will be made no matter you do whatever for it. But the ordinance of one’s own choice is promulgated over night. It is not known as to why so much delay is made in working out such important ordinance.

He observed “ reply of provincial government is meaningless. People are being picked up and how can this process be allowed. Court can summon chief minister of Khyber Pakhtunkhwa (KPK). 35 citizens of the province are missing and provincial government says that missing persons are not in its custody.

Attorney General (AG) Suleman Butt told the court he had met chief executive and other authorities and they had said that court’s orders would be implemented fully. Order has also been issued for expediting the legislation process and directives have been issued to promulgate the ordinance.

Justice Jawwad remarked “ situation is running like the tale of shepherded.

AG said “copy of ordinance is with us and it is being sent to the president for his signature.

Justice Jawwad remarked “ we know our powers are limited. We cannot order the government to promulgate the ordinance. Tasif Malik case has also been heard.

Court said to Tariq Khokhar “ we will not say that you have to promulgate ordinance or otherwise. Whether parliament does anything or otherwise with reference to it but we will do whatever the law permits us.

AG said summary for promulgation of ordinance has been sent in his presence. Its copy will be received after interval.

Justice Jawwad remarked Sindh High Court had given decision too if the law would not work in the country then what would happen with it. Facts will not be changed no matter how much things we let go heard or unheard. Some people think law does not apply to them. We will see legislation that to what extent it is enacted correctly.

Later AG presented the copy of ordinance with reference to missing persons.

Justice Jawwad remarked “ it is not known as to why the ordinance has been delayed so much.

AG told three amendments have been introduced in the ordinance. This ordinance has been worked out overnight.

Justice Jawwad S Khawaja remarked draft ordinance was presented in July, 2013. If the night is so much longer. If it is night then day of the government will be longer how much.

The court remarked any order will be issued after reviewing the ordinance.

The court expressed dissatisfaction over the report presented by KPK government and rejected it. The court ordered the provincial government to present the report again on January, 27.

Advocate General KPK Latif Yousufzai requested the court to give him some time as he wants to talk to higher authorities.

The court while granting him time adjourned the hearing of the case till January, 27.