Justice Khan made these remarks during the hearing of the missing persons case.
The PHC chief justice said such a decision cannot be taken without a court order, adding that neither the prime minister nor the president has the authority to order the release of such a high-profile criminal.
Pakistan announced Baradar’s release on September 20 but sources say he is still kept in a safe house and is closely watched by his Pakistani handlers.
It was earlier reported that Prime Minister Nawaz Sharif agreed to a demand by Afghan President Hamid Karzai for direct access to the Taliban leader at the trilateral summit held in London.
Afghanistan believes Baradar, who was once a close friend of the reclusive Taliban leader Mullah Mohammad Omar, has enough clout to persuade the Taliban to make peace, but his prolonged stay in Pakistan may have marred his reputation among fighters.
Missing persons
Justice Khan said if the court is not given a satisfying report over the issue of missing persons and measures taken in this regard till the next hearing, a larger bench will be constituted to hear the case.
The hearing was adjourned till December 10.
COMMENTS (13)
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Wise and couragious dicision by PHC is highly appreciated. PM or President can not order release of any criminal without proven innocent by the court of law. PM is not above the law.
@Zaka,, it was not PLM-N, it was PPP :) and even then, courts released him after paying diyyat..
even Prime Minister and President is unaware who released him , he is now Strategic Asset....
He may have been released on same legal grounds over which Hafiz saeed was released, I guess.
@zaka, Raymond was released only after family of the deceased struck a deal with him. Courts released him
He was never officially arrested, so where is the question of his release.
zaka - Raymond was released by the court. PHC CJ has asked a very pertinent question. Lets see if the CJP takes notice or will let it pass.
@Zaka: It was not the government who released Raymond Davis, he was released by the court due to deal with the victims families.
The country is being massacred and we are still stuck in missing persons. And by the way laws are made to run the society and not society to run the laws.
Who was the complainant?- Government of Pakistan. Complainant withdraws case, so what gives right to courts to interfere in this?
Judge Sahib gareeb logoin ko insaaf do aur politics bund karo!