Published On: Wed, Jan 8th, 2014
Published in Category: Court News

Missing persons case: State busy in violating citizens rights, Justice Jawwad S. Khawaja

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ISLAMABAD: Justice Jawwad S. Khawja in Supreme Court (SC) during the hearing of Fazal-e-Rabbi missing person case has remarked that state instead of giving protection to the citizens in missing person’s cases is busy in violating their rights.

On Tuesday, a 3-member bench of Supreme Court (SC) comprising Justice Jawwad S. Khawaja, justice Iqbal Hameed-ur-Rehman and Justice Musheer Alam heard the case of missing person Fazal-e-Rabbi. The bench was headed by Justice Jawwad S. Khawaja.

SC has directed Additional Attorney General (AAG) Tariq Khokhar to present the affidavits of high officials of Pak Army, ISI, MI, incharge of Timer Garha detention center, Malakand and Shing Watti detention centers with the signature of secretary defence in next hearing.

During hearing AAG informed court that an officer of Defense Ministry Major Mohammad Ali has submitted his affidavit, however it does not fulfil the criteria. On this court demanded to see the affidavit and jointly rejected it after declaring it against the regulations.

Justice Jawwad S. Khawaja while severely reacting on the progress of case remarked “It is government’s responsibility to provide protection to its citizens, but state itself is involved in violation of citizen’s rights which is an unacceptable and intolerable situation.”

He said, “Missing person’s cases have made us sleepless, while involvement of intelligence departments are found in every case which court took for hearing.”

Justice Jawwad said, cases must be registered against persons involved in missing person’s cases. Judges are now tired of giving answers to families of missing persons daily.

He said officials of defence ministries while sitting in Rawalpindi prepares useless reports and answers and then submits them in SC which will not solve the issue.

Court ordered that defence ministry should send any responsible person in next hearing because copies of documents are not acceptable, while patience of court should not be tried.

On this occasion, father of Fazal-e-Rabbi said in court that people have informed him that his son was firstly kept in the detention center of Timer Garha and later on was shifted to Malakand and now is in Shing Wati, Swat detention center.

On this court ordered AAG to take and submit the affidavits of incharges of detention centers of Timer Garha, Malakand and Shing Watti and adjourned the further hearing of case till January 24.

Mentioning here, Fazal-e-Rabbi was picked on June 16, 2009 from Center Pak check post and Pak Army, ISI and MI has denied his presence from them.

Defense Ministry’s Director Legal, Group Captain Mohammad Irfan had presented a report in SC in last hearing which court had rejected and directed him to present the affidavits of officials who denied the presence of Fazal-e-Rabbi in their custody. However, Mohammad Irfan did not appear in court again.} else {