The bench said it would not accept anything short of the appearance of all missing persons. PHOTO: FILE
After a prolonged hearing in the missing persons’ case on Thursday, a last-minute telephone intervention by Prime Minister Nawaz Sharif saved him from a court notice for at least 24 hours.
Leading the three-member bench of the case probing the whereabouts of people believed to be in the military’s custody, Chief Justice Iftikhar Muhammad Chaudhry adjourned the case till today (Friday) only when Defence Minister Khawaja Asif informed the court that PM Nawaz had assured him that ‘good news’ will be presented to the court on Friday at 10:30am.
During Thursday’s proceedings, the court adjourned the hearing at three instances, insisting on each occasion that the remaining 33 missing persons be presented.
When the court resumed the hearing at 4:15pm, defence authorities pleaded for more time, explaining that the details of five more missing persons have been disclosed, but to no success. Referring to the army authorities’ refusal to produce the missing persons, Justice Chaudhry said, “We will summon someone on the top [prime minister] and ask him whether he is the ruler or there is a parallel government in the country.”
Addressing the defence minister, he said, “You failed to resolve the issue. Now we will summon the higher-ups and can go to any extent in this human rights case.” However, the attorney general requested the court to adjourn the hearing for 15 minutes, as the prime minister had telephoned.
While the defence authorities complained that they were being defamed through observations and media coverage, the chief justice stated that the court’s orders regarding missing persons were no being respected.
The bench said it would not accept anything short of the appearance of all missing persons. We are exercising judicial restraint so far, he said, adding that the bench will ask the prime minister whether or not he is responsible for running the country. Justice Chaudhry said that when such a situation had arisen during General Kayani’s tenure, the court’s orders were respected and recoveries promptly made. “I this case, the situation is otherwise. Therefore, we are being forced to take extreme steps because you are now starting to humiliate the court,” the top judge said.
He wrote an order stating that all 30 persons must appear in court tomorrow (Friday) with proper security measures.
Balochistan case
The Frontier Corps (FC) Inspector General Major General Mohammed Ijaz Shahid was issued a contempt of court notice by the apex court as he did not attend the hearing on Thursday even after being summoned several times. According to sources, FC IG Shahid could not attend the hearing as he was admitted to hospital on November 29 because of a heart problem. The court also ordered that a copy of the order regarding contempt notice to IG FC be sent to the defence minister.
Published in The Express Tribune, December 6th, 2013.
COMMENTS (6)
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@Muhammed Usama Aziz: I am not against this news!!! All, i am saying is court should not release criminals with track records just because they dont have proof or the witness withdraws statements like earlier this week lyari gang war main suspect was released because police withdrew its statement. Now we all know how these criminals work. So all i am saying is the court must not release such criminals who are a threat to national security and also it should quickly punish proven terrorists and criminals so that people think twice before committing crimes
@Pakistani National: I will ask you once God forbidden any of your family member is gone missing! and mind it courts works on proof! if the police does not give any proof, the court has to release the suspects!!
Cj is trying hard to make SC parallel government . Missing persons should be presented but not on the cost of destabilising the country by judicial intervention . Popular moves want to make headlines before retirement again a disappointment
"While the defence authorities complained that they were being defamed through observations and media coverage" - They "complained" they were being defamed? Poor souls, is this all the care about
Noone is humiliating the court, the court is humiliating citizens -You do not punish instead release terrorists, criminal and murderers in a few days -We have not seen a single death sentence in the last decade, surely some deserved it but now they are roaming like free birds -Property and other cases of citizens are dragged for decades and you dont say a word however you have all the time in the world to deal with cases of no use such as mansoor ijaz, musharraf etc. -You waste the time & effort of police and rangers, they catch criminals and you release. -Finally, i would like to remind you that you are a PUBLIC SERVANT so please behave like one.
Bravo SC! Someone has to do something and put pressure on the govt realise how important this issue really is. My uncle is a missing person and we deserve the right to know the whereabouts of our family members.