Chief Justice of Pakistan Iftikhar Muhammad Chaudhry leaves Supreme Court Karachi Registry after hearing the hearing of Karachi Unrest case on Friday, November 29, 2013. PHOTO: PPI
The Supreme Court ordered that 19 officials of the Frontier Constabulary, among them a brigadier, a colonel and a major, be presented before the Crime Investigation Department of Balochistan Police for interrogation on Sunday.
The relatives of some Baloch missing persons have nominated Brigadier Orangzeb, Colonel Naeem, Major Tahir, Subedar Momin and Subedar Allah Bux, among 19 officers for their alleged involvement in enforced disappearances during their stint in the FC.
A four-judge bench – headed by Chief Justice Iftikhar Muhammad Chaudhry – also ordered the IGFC to appear before the court on December 2 with an explanation as to why he did not comply with the repeated court orders of presenting 35 missing persons in the court.
When the hearing started on Friday, Justice Chaudhry asked the deputy attorney general (DAG), Sajid Bhatti, why the 19 FC men were not present in the court despite Thursday’s order. Bhatti said the court order could not be communicated to the defence secretary because he was travelling, and had no fax facility at home.
Meanwhile, FC Major Nadeem handed over an envelope containing a short statement to the judges. This visibly irritated the chief justice, who returned it, saying, “Stop this game”.
He recalled that the defence secretary, who is a retired lieutenant general, had himself given an undertaking before the court that all the personnel and officials would be presented but nothing has been done yet.
He told the DAG that judicial inquiries against these officials and officers against these men have concluded, therefore, Article 10 of the Constitution that requires arrest and prosecution also applies to uniformed persons.
In another attempt, the DAG said the nominated personnel could not be identified since they work under cover names (pseudonyms) and requested for more time. “Are they [such] high-profile personalities that they cannot appear in the court,” remarked a bench member, Justice Khilji Arif Hussain. “If they are, then let us know and we will see,” he added.
The bench asked the law officer to disclose the name of the person so that the court may proceed against him for contempt under Article 204 of the Constitution. The chief justice said there is overwhelming evidence against these officers and the authorities would have to present them before the court.
DAG Bhatti and Major Nadeem were asked to contact the authority concerned to ensure production of the 19 men in the court.
Appearing again, the law officer said the nominated persons could not be traced with the names mentioned in the police list, as some have already gone back to the army. Two FC personnel, who were released on bail, can be presented, but others are yet to be identified, he explained.
The judges noted that when authorities claim the officials and officers have gone back to the army, it means that they are identifiable and are deliberately not being presented.
Justice Chaudhry noted that the authorities are deliberately not presenting the men nominated in the enforced disappearances cases so that the matter could be delayed and the incumbent chief justice (himself) is retired.
“Do you think this matter [of missing persons] would end with the retirement of the chief justice,” he questioned them, who remained silent.
Pointing at his fellow judges sitting on the bench, Justice Chaudhry said these are the strong people who will ensure that only rule of law and Constitution are supreme.
The apex court ordered for the 19 officials and officers, who have been nominated in FIRs by the families of missing persons, to be presented before the Balochistan Crime Investigation Department DIG on December 1 (Sunday) for interrogation.
Adjourning the hearing till December 3, the bench also ordered the IGFC to appear before the court with an explanation as to why the missing persons have not been produced despite repeated orders.
Published in The Express Tribune, November 30th, 2013.
COMMENTS (11)
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All this man and the rest of the sane public want the supermacy of justice and order of law in the country . no bodody is entitled to be above law ,, be that armed forces or Frontier Corps... the 3 decades military drama has so shrunk the constitution that has been torn into pieces by the so called Security forces . Mind you these people never want democratic norms to flourished in this country... And enfored disappearances of the missing by the ruthless agencies made it quite clear that "Khakhis" are all in all in Pakistan
I hate this man more than a terrorist firing at me. Because he is their protector and father.
Ch Sahib is a man who would invent trouble if there is none. He wants to do something before departure which can keep institutions at war with each other. His phobias have killed Justice System in Pakistan. He is a strong case of Cacophobia - Catagelophobia - Catoptrophobia. He has maintained a busy schedule as Chief justice. He must visit his psychiatrist when he gets time after retirement.
The real purpose of calling FC officials in the SC by the CJ and to inquire/ investigate them about their role in performance of their official duties in apprehension of criminals is to harrass them and create an anarchic situation in the FC/army/ country. If the FC officials have committed any offence in apprehension of traitors( who are called missing persons by their relatives/CJ ), the CJ/ SC should prepare a charge sheet and send it to the competent autorities for initiating legal action against them.This is the legal course and not what the CJ is doing.The court ordering them to appear before the DIG for investigation means that the charges are mere allegations of relatives of the apprehended persons and nothing more.The DIG in question has to prepare a charge with supporting evidence and forward it to the competent authority for making the accused available to the DIG for investigation.If the authorities themseves does not want to investigate the officials they will make the accused available to the DIG. The CJ also said that the evidence of their involvement exist.It means that record of arrest of the so called missing persons exist, which means that they are not missing persons.Inquiry / investigation of the accused officials on allegations is not the responsibility of the CJ/ SC. It is the responsibility of their parent organisation which is the legal procedure.Please stop playing to the 'gallery'.
Lets see if the new chief can stand to the bullying of courts.
The deliberate defamation of the Armed Forces of Pakistan by the courts is to instigate them so that either they go on strike or strike back.
If Supreme Court continues disgracing the soldiers, they will have no option but to refuse duty. Mind you soldiers donot go on strike but strike back.
The people are screaming for justice. The SC is trying to deliver it. Someone is pulling the strings of the puppets sent to the SC to explain why the 19 FC accused are not being presented in court. How long will wastage of the court's time be allowed? The time of the SC is paid for by the taxpayers. Other cases are piled up behind the SC waiting to be heard. Why are we allowing our country to be destroyed in this way? Who are the people doing this to us? ET?
Even a FC Subedar doesn't care Pakistan Suprime Court Chief Justice.
The bitter truth about Pakistan is that it is a MILITARY RUN country and military is like GOD here.Men in uniform can do anything of their desire to anybody they wish and no one dares to question them and if someone does so then he/she ends up disappeared and later found dead by some riverside. So all this topi drama is to make a fool out of these poor people waiting for their loved ones.Judges know if they gonna too far then they also gonna end up disappeared and later found dead.