“We will pass an appropriate order on Monday so make you resolve this issue, otherwise our verdict will haunt you in the future,” says Chief Justice Iftikhar Muhammad Chaudhry. PHOTO: FILE
In yet another ultimatum on Friday, the Supreme Court – again – ordered defence authorities to either present all the missing persons in an in-camera session today (Saturday) or contend with “a haunting verdict”.
Already the hearings have produced a record number of ultimatums and rebukes for officials and the institutions they represent – reflecting both the court’s frustration with the administration and the difficulty level of getting the disappeared to the courtroom.
The ‘good news’ that was promised never came through as the government stuttered again in its efforts to ensure the appearance of missing persons in court. On Thursday, the hearing of the 35 missing persons’ case was adjourned after Defence Minister Khawaja Asif assured the bench of ‘good news’ to be presented in court. But the defence authorities only presented a report deemed unsatisfactory by the Chief Justice Iftikhar Muhammad Chaudhry and the three-judge bench he is leading.
The report said those missing were not in the army’s custody. The army officials present reiterated that they found no one after they ordered a search in interment centres on the court’s directives.
“[But] we have overwhelming evidence that all these persons are in your custody,” the top judge responded. He warned the defence officials if such violations continue, they would be “in trouble one day” as they “will be made accountable”.
During the hearing, relatives of the missing prisoners were also asked to join the proceedings to verify the identification of the missing persons when they are presented in court. The defence authorities will make arrangements for the relatives of the missing persons to attend the proceedings, the court said, adding that the attorney general can also question the missing persons when they are produced during the hearing.
When Additional Defence Secretary Major General (retd) Arif Nazir requested the interior ministry to assist the defence authorities in this task as the latter do not have enough information about their relatives, Justice Chaudhry said that they actually know everything. “I remember that the reference you all prepared against me also mentioned the graveyard in which my father was buried,” Justice Chaudhry told him off.
After reading a confidential report given by defence authorities, the chief justice addressed the attorney general and said that the issue still stands unresolved. The court referred to the statement of the Malakand jail superintendent on how army officers took away these 35 prisoners from the jail in 2011. When defence officials contradicted the statement, the court also summoned Malakand jail superintended to present before a one-member special bench on Saturday, along with the jail’s record that will show the names of army officials who took away these prisoners.
It is strange people are being abducted even though a democratic order is in place in the country, remarked the chief justice, adding that it was the manifesto of the ruling party to eliminate such practices.
Meanwhile, Defence Minister Khawaja Asif submitted a breakdown of the 35 persons before the court: seven people have been released and are in Islamabad; three are living in the Waziristan area; one has moved to Saudi Arabia; eight have reportedly moved to Afghanistan and are living in Kunar; two have died of natural causes; two are in an internment centre; and information regarding five is yet to be confirmed, while whereabouts of seven are “not known”.
The bench repeated its earlier orders and asked authorities to bring the missing persons to the court.
The nine people that can be presented must appear in court before Justice Ameer Hani Muslim for an in-camera session at 9am today (Saturday), even though Saturday is a day off. “We can spare time on holidays for such cases,” said the chief justice.
Again declaring the report of the defence authorities unsatisfactory, Justice Chaudhry and the bench demanded all persons be presented before the court on Monday, December 9, including those reportedly residing in Afghanistan.
“We will pass an appropriate order on Monday so make you resolve this issue, otherwise our verdict will haunt you in the future,” the chief justice told Major General (retd) Nazir.
Published in The Express Tribune, December 7th, 2013.
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The Apex Court of Pakistan has rather been lenient to the senior defence officials who have been repeatedly defying the orders of the honorable court for several months. It is high time for the Pak judiciary to take appropriate action against the guilty officials and give a strong message that constitution of the country is above all whether civilian or the uniformed personnel. The state within a state phenomena which has been existing for several decades must end and to strengthen the hands of the judiciary, the civilian government should readily cooperate with the latter, which would also stamp its authority once for all.
Why do things get so inappropriate when it gets in the land of pure. So far Hollywood "The Three Stooges" produced the most hilarious movies but our three stooges gives you difficult, lurid, troublesome, or unpleasant experience by their idiotic actions. Lets see if things improve with the going out of "The Cockerel" stooge.
Bravo CJP. Appreciate your courage, clear and bold stance
my twin...... Sultan Rahi....LOL