The Supreme Court on Friday directed relevant authorities to compensate the heirs of those killed during the Lal Masjid operation. The administration has so far only paid compensation to three people who were declared innocent.
A three-member bench of the apex court, headed by Chief Justice Iftikhar Muhammad Chaudhry, found that Islamabad police had not initiated an inquiry to determine the status of those killed in the operation - a requirement for the compensation.
With police officials failing to satisfy the court, the CJ observed that in the absence of a proper investigation the possibility exists that all those deceased were innocent.
The chief justice asked Assistant Inspector General (AIG) Operations Tahir Alam about the categories of the deceased. Deputy Attorney General (DAG) Babar Ali told the court that 11 were security personnel, three were innocent passersby and 89 were militants in a “state of war with the armed forces.”
Chief Justice Chaudhry asked how those identified as militants were ascertained as such and under what criteria were they declared to be in a state of war.
“Have you recorded the statement of the legal heirs of the deceased?”
The police replied they had not and failed to produce a comprehensive investigation report of the incident and the enrollment register of the students at Lal Masjid as had been claimed by the administration in 2007. They could not even ascertain the exact number of male and female students at Lal Masjid and Jamia Hafsa.
Tariq Asad, the counsel for Lal Masjid, claimed parents were reluctant about registering complaints regarding their missing daughters due to social taboos.
The DAG, meanwhile, maintained extraordinary circumstances led to the incomplete investigation. Alam claimed extensive meetings were held and each of the deceased persons’ cases were discussed at length. He, however, was unable to submit the details of the meetings and discussions before the bench.
Referring to the police’s failure in preparing a complete report, the CJ remarked the case was “fit for contempt.” He added that the police had been directed by the court to conduct this exercise so that the heirs of the innocent could be compensated.
The bench also summoned the then acting inspector general (IG) of Islamabad police, Shahid Nadeem Baloch, to explain his position regarding how much commitment he had shown towards the task as per his undertaking before a sessions judge in Islamabad. Baloch is currently posted with the FIA. Islamabad Police also submitted two reports regarding the operation.
Responding to the DAG’s statement that the heirs of those who were “waging war against the state” had not been compensated, the CJ said “Do not use the term ‘waging war against the state’ for such small issues.”
“If a mob came here today and staged a protest while pressing their demands, would it mean they are waging a war against the state?” he remarked.
The SC asked Islamabad police to register an FIR on the complaints of the parents who claimed their son was missing and maintained the police was not investigating the issue.
The court also approved a deal between Lal Masjid’s chief cleric Maulana Abdul Aziz and the Islamabad administration over the allocation of 20 kanal land in Sector H-11/4 for the reconstruction of Jamia Hafsa.
Lal Masjid’s counsel Tariq Asad tried to convince the court to press the government into rebuilding Jamia Hafsa but the CJ maintained the out-of-court settlement was enough. He added that if the court decided to proceed against the Islamabad administration, it would also move against Aziz for agreeing to such a deal.
Published in The Express Tribune, May 26th, 2012.
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