This, of course, goes against logic: the Court had already heard detailed evidence that the ‘disappeared’ people were in FC custody, with the Balochistan police also testifying to this and stating that FC personnel had been spotted taking people away. The police said they were helpless under the circumstances. Human rights groups had already said that the paramilitary force was primarily responsible for the whisking away of people, many of them linked with nationalist elements or known to support them in ideological terms.
Such blatant defiance of the Supreme Court by the FC is aggravating the situation playing out in Balochistan. In neighbouring India, a serving Indian general was made to appear in a magistrate’s court in response to summonses against him that accused him of offering bribe and spreading misinformation in an army press release. And then we have the FC, who quite clearly intends to defy the Court. However, the question that still remains before the bench is how to sort matters out.
The FC has also refused to obey federal government orders to report to the provincial government. As the Supreme Court has noted, we now have a complete breakdown of the rule of law in Balochistan. The challenge then is to see how this anarchy can be ended and the FC brought under some kind of control, so that we at least know quite who this force is answerable to and how it can be reined in and held accountable.
Published in The Express Tribune, July 26th, 2012.
COMMENTS (4)
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The Judiciary knows who holds the stick and the ability to make people go missing without trace. This case will keep going around in circles because the Court will continue to issue summons to bureaucrats not the COAS.
So if the PM in his capacity as head of executive is dismissed for not following the order on the letter, will the COAS be dismissed for not following these orders? Everyone IS the same under law - right?
Still no contempt orders against IG FC? Where are the tall claims we are made to hear by our dear PCO Chief Justice.
Take this PCO SC judges. They are only strict with the elected leaders of PPP. They have not forgotten the boots that have detained them with their families. Yet it is only PPP and popularly elected leaders that are bad and must be removed and humiliated and election results undone. The SC can continue to humiliate elected president and PM but not the ordinary paid govt servants. Why did they start this kind of exercise in futility?