Federal, provincial govt fail to present missing persons, Justice Khawaja says notice will be issued to the premier. PHOTO: FILE
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.
COMMENTS (18)
Comments are moderated and generally will be posted if they are on-topic and not abusive.
For more information, please see our Comments FAQ
It has been made quite simple to derogate Armed forces even when for every task we look towards Brave Sons of Pak Army, like free and fare election, printing and distribution of ballot papers, rebuilt and rehabilitation after Natural calamity. what a pity we feel pride to demoralize our best men by portraying them as criminals
The stained relationship between Army & Judiciary is undeniable & visible in the oft repeated summoning of Army Officers to courts, remarks of Judges & some decisions. This is working well for one side for time being but the retaliation of the other side would once again derail the democracy. Lets see who is going to have the last laugh.
The destiny written for Pakistan by Judiciary will form part of the sad side of our history. Standing with terrorists and abandoning the people of Pakistan had been the hall mark of our courts. I am hurt as those sacrificing their lives are humiliated for those who have destroyed our country & its generations.
@naeem khan Manhattan,Ks: You have forgotten the nights in Rustam House. As a person you cannot support right matters
Pakistan Army should refuse the duties till the time Government of Pakistan declares Emergency and War on terrorists. Every self respecting countries stand by its Armed Forces in War, but in Pakistan, 3500 terrorists captured were unleashed again on the Armed Forces and people of Pakistan.
When you have a Judges like this you do not need enemies.
@A J KHAN: When a citizen respect the constitution and laws of the land then the "Loyalty" comes automatically, these are the facts for a democratic State. If some institution disregard the constitutional rights of it's citizens, the grieved citizens will question the Article 5 of the Pakistani constitution. Yesterday, an army general in the US armed forces was indicted by a court for having and soliciting unwanted sexual relations with junior female officers,he is going to jail for sure, the point is no one should be above the law and it is the people through their elected representatives who should opt for it's armed forces to wage a war in the defense of the country. Military Generals has no constitutional rights to wage any war internally or externally without the consent of the government of the time. Mr. Khan, you are just wrong to assume that kind of assertion. It is time that the almighty in any institution of Pakistan start respecting the constitutional rights of Pakisti citizens and abide by the laws of the land then we will have true democracy in Pakistan.
I have the right to disagree with the decision of the court.
The security agencies work with in the limitation of constitution,violation of human rights are not allowed at any cost.otherwise this will be the fate of every body then they will realise basic fundamental human rights and the importance of the court decision.
This is a good news and should have been taken long ago. "You are guilty until proven innocent in a court of law" or "you are innocent until proven guilty in a court of law". Some people believe in the former. However, I am pleased to note that the Attorney General will file FIR against Army officials. Good luck to him. Just imagine if your dear ones are held in cognito and you are not aware of there whereabouts.. How would you feel? Any answers. It is the duty of the Government to ensure that no one is above law. However, it seems that the Government is questioning this principle by not co-operating fully with the judiciary in upholding the law of the land. Will PM understand the feeling of the families of the missing persons and act and act swiftly against those who are holding this people?
Bravo Supreme Court. Appreciate the courage, clarity and bold stance. Its about time that governemnt authorities should stop blaming courts for the decision instead of looking at the weak prosecution, lack of evidence and no home work
I support the actions of Pakistan Army against terrorists & their supporters.
I am seeing trouble for those who have not read Article 5 of Constitution. I will reproduce it for those who are in denial of this;- "Loyalty to State and obedience to Constitution and law.- (1) Loyalty to the State is the basic duty of every citizen:. Armed Forces of Pakistan has the constitutional right of violence & can go to up-to any extent including conventional, non conventional & and Nuclear War.
Good News for the enemies of Pakistan. Congratulations
The decision looks to favor those who shows no favor to Pakistan & its citizens.
Doesnt matter what the decision would be. Looks like justice is overwhelmed again by gun from the barrel of which comes power and the thats root cause of all of our problems.
@ KAlam ; Which direction would the epicenter of this court in action ????
Seems like three member bench is back in action!