News
Saturday, May 26, 2012
SC orders govt to compensate heirs of Lal Masjid victims* Court orders registration of FIR to recover missing persons
By Hasnaat Malik
ISLAMABAD: Hearing the suo motu case regarding the 2007 operation of Lal Masjid, the Supreme Court (SC) on Friday directed the federal government to give compensation to the heirs of all 103 persons who were killed during the offensive.
A three-judge bench of the SC, headed by Chief Justice Iftikhar Muhammad Chaudhry, also ordered the capital police to register an FIR for the recovery of persons who ‘disappeared’ after the operation.
The court also sought a report from the judicial commission about the Lal Masjid operation as well. It also declared that those who were killed in the operation were innocent, as the police could not produce any criminal record against them.
The bench also observed that Islamabad police had not initiated an inquiry to determine the status of those who were killed in the operation, as this was required for the compensation.
During the hearing, heirs of missing persons were present in the courtroom as Islamabad police submitted two reports pertaining to the operation.
The chief justice asked deputy attorney general (DAG) why didn’t the government compensate the heirs of those who were killed in the operation. DAG Babar Ali told the court that 11 security forces personnel, three “innocent” passers-by and 89 “militants” were in a “state of war with the armed forces”.
He added that the government had only compensated the relatives of 11 security forces personnel and three citizens. He said that the heirs of those who were “waging a war against the state” were not compensated.
The chief justice said, “It was a small matter, no one was waging a war against the state.” He said the situation could have been controlled had a better strategy been evolved at that time. “If today, a mob comes here and stages a protest while pressing their demands... would it mean they are waging a war against the state?” Justice Chaudhry questioned.
“Since there is no [solid] base to deny compensation to all the deceased, we cannot deny the same right to them,” Justice Jawwad S Khawaja said.
The chief justice remarked that this was a “fit case of contempt” as police had been directed by the court to conduct this exercise so that compensation could be paid to those who were innocent.
The court also asked Islamabad police to register an FIR on complaints of parents who said their son had been missing and the police were not investigating the issue.
In its written order, the court asked police to avoid scandalising institutions and register an FIR in accordance with the law.
The court also approved a deal between Lal Masjid chief cleric Maulana Abdul Aziz and the Islamabad administration over the allocation of 20 kanals in Sector H-11/4 for the reconstruction of Jamia Hafsa.
The hearing was adjourned for two weeks.
Courtesy www.dailytimes.com.pk