News
Friday, July 27, 2012
Produce missing persons or face jail, SC warns FC* Court says Balochistan is burning but govt showing no interest to control situation
* Enforcement of constitution in Balochistan is must to save democratic institutions
By Hasnaat Malik
ISLAMABAD: Expressing concern over the role of the Frontier Corps in Balochistan, the Supreme Court on Thursday warned the force to produce missing persons or face criminal action against its personnel that have been nominated in the FIRs for their alleged involvement in the abductions.
A three-judge bench of the apex court, comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Khilji Arif Hussain and Justice Jawwad S Khawaja, observed that FC officials are nominated in the FIRs regarding the missing persons in Balochistan.
During the hearing, Raja Muhammad Irshad, counsel for FC, vehemently denied the force’s involvement in the missing persons case and claimed the FC men were not nominated. He also objected to the Supreme Court Bar Association’s observations regarding the Balochistan issue.
The chief justice asked the FC to produce the missing persons, adding that if they fail, the court would order for their arrest. He said they had reached a stage where everything had been identified, but was now giving opportunity to the federal and provincial governments to act.
The CJP said Balochistan is burning, but the executive was not showing interest in controlling the situation. He said the provincial and national lawyers’ bodies were doing the job the government should do. Justice Khawaja appreciated the bar’s efforts on the Balochistan issue.
The CJP said for the last three days, they had been asking the authorities concerned to enforce constitution in Balochistan but no one was ready to take responsibility.
On July 25, the court had sought a duly signed joint statement from the Balochistan chief secretary, home secretary and police chief, as well as the Frontier Corps inspector general over the prevailing law and order situation in the province.
During the proceedings, Advocate General Amanullah Kinrani submitted a joint statement, but that was only signed by the chief secretary and home secretary. The chief justice termed the statement unsatisfactory and said it did not provide any assurance regarding the recovery of ‘missing’ persons. The CJP asked the advocate general to get the statement signed by FC IG Major General Obaidullah Khan Khattak and the defence secretary as well.
Ministry of Defence Director (Legal) Commander Shahbaz, present in the court, informed the court that the defence secretary, before signing the statement, had to consult other ministries, hence needed some time. The court directed the advocate general to prepare a comprehensive report as to why the constitution was not being enforced fully and state machinery had failed to control law and order situation in Balochistan. It ordered that the report should be duly signed by the interior and defence secretaries, and the Frontier Corps IG, and be produced before the court by July 31.
The CJP observed that enforcement of the constitution in Balochistan was mandatory to save democratic institutions. He asked the advocate general when would the ‘no-go area’ of Dera Bugti be opened for general public. Kinrani replied there was no restriction for the people to go there but that they could not move in the area with weapons.
Justice Khawaja recommended that a team comprising bar members, journalists and civil society should visit Dera Bugti for observing the law and order situation there. The chief justice appreciated Prime Minister Raja Pervez Ashraf for constituting another committee to review the prevailing law and order in Balochistan. The court later adjourned the hearing until July 31.Courtesy www.dailytimes.com.pk