Inquires if it wants trial of servicemen under CrPC or Army Act. PHOTO: FILE
The Supreme Court on Friday sought reply from Balochistan government as to whether it would proceed against army officials, involved in missing persons cases, under Code of Criminal Procedure (CrPC) or would it refer the matter to army for taking action against them under the Army Act 1952.
The apex court’s two-judge bench – headed by Justice Amir Hani Muslim – directed Balochistan chief secretary and Crime Investigation Department’s (CID) deputy inspector general to hold meeting with Frontier Corps’ (FC) counsel Irfan Qadir in connection with the probe of the personnel, who were allegedly involved in the enforced disappearance of people from Balochistan.
After holding the meeting, the provincial government must furnish its clear stance about probe of army officials in disappeared persons’ cases.
On January 30, 2014, Balochistan government’s counsel Shahid Hamid had told the bench that the FC was not under effective control of the provincial government and none of the 16 FC officials, nominated in missing persons cases, had appeared before the police to record their statements.
Earlier, on March 20, 2013, the DIG CID Feroze Shah had submitted a report in the Supreme Court, nominating army men including two Lt Colonels, six majors and two subedars in the missing persons’ case.
During the hearing, Pakistan’s Additional Attorney General Shah Khawar submitted that military authority had decided to take over the case from any civilian department under Pakistan Army Act section 94, read in conjunction with Army Regulation (Rules) 373.
The FC’s counsel Irfan Qadir told the bench that in compliance with the court’s earlier order, he had held a meeting with Shahid Hamid and assured him that the FC would take action against the officials involved in enforced disappearances. He said that no action was taken against any officials so for.
Appearing before the bench, Balochistan Home Secretary Asad Rehman Gillani said an agreement was signed between the provincial government and the FC regarding different matters, including cooperation in the investigation of missing persons’ cases, adding that the agreement might be presented before the court in written form.
Upon this, the FC’s counsel contradicted Gillani’s statement and said the FC signed no agreement with the provincial government on any matter.
Voice for the Baloch Missing Persons representative Nasullah Baloch requested that Balochistan missing persons’ cases should be fixed before one SC bench permanently. He said transfer of the matter from one bench to another was affecting the progress on recovery of the persons. The court asked him to file an application in this regard before the chief justice of Pakistan.
The home secretary told the bench that a commission – headed by Balochitsan High Court judge Justice Muhammad Noor Meskanzai – had sought further two months to probe into the matter related to the grisly discovery of a suspected mass grave in Khudzar district.
The bench was surprised to know that Lahore Laboratory would take five months for matching the DNA samples of 11 dead bodies with 44 persons.
Published in The Express Tribune, March 8th, 2014.
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