Missing persons case: Attorney General says FIR against army officials will be filed today

Federal, provincial govt fail to present missing persons, Justice Khawaja says notice will be issued to the premier.

ISLAMABAD: The Attorney General of Pakistan Salman Aslam Butt on Wednesday said that a First Information Report (FIR) against army officials involved in the 35 missing persons case will be filed today, Express News reported.

The FIR against the army officials will be filed on behalf of the Government of Pakistan.

The 35th hearing of the case took place today and was heard by a three-member bench, headed by Justice Jawwad S Khawaja.

Justice Jawad S Khwaja ordered that a copy of the FIR be presented in court tomorrow.

He termed the move a major development, and commented that no one is above the law.

Justice Khawaja had previously stated that barely any progress had been made with regards to complying with the December 10, 2013 court order.

On December 10 last year, a three-judge bench, headed by former chief justice Iftikhar Muhammad Chaudhry declared that the army authorities removed 35 persons from the internment centre in Malakand Garrison two years ago.

The court had ordered the authorities to present the missing persons within seven days and initiate action against those responsible.

Also in compliance with the court’s order, 12 out of 35 missing persons had been produced before the court, but the government is yet to act against military authorities who illegally detained them.

The defence ministry has already challenged the court’s December judgment, saying the order could have profound national and international implications that could be detrimental to the federation of Pakistan.

The additional secretary defence was also present during today's hearing but Justice Khawaja refused to listen to him, stating that an explanation from the defence ministry was not required.

The Khyber-Pakhtunkhwa (K-P) government had also formed an inquiry committee to probe into the whereabouts of the missing persons as well as check the implementation of the SC’s judgment.  However, the court is dissatisfied with both the K-P and the federal governments’ progress.

The same bench on March 11 gave the federal and provincial government a week to comply with the order, which they failed to do so today.

During the hearing today, Attorney General of Pakistan Salman Aslam Butt stated that it was not the premier's responsibility to ensure fundamental rights but it was the provincial governments duty. To this Justice Khawaja responded that the attorney general should give this in writing, adding that a notice will be given to the prime minister.

He further stated that the prime minister himself can appear before the court and say that it was not his responsibility.

Yesterday, just when apex court was dictating the order of issuing a show-cause notice to the premier, K-P chief minister and governor, the attorney general had interrupted and sought a short adjournment, pleading with the court to show mercy. “Please give us a little more time. We will show progress,” he had told the bench.