Pakistan's Defence Minister Khawja Asif (C) leaves the Supreme Court building after a hearing regarding missing persons in Islamabad on December 2, 2013. PHOTO: AFP
Rejecting the defence secretary’s explanation, the Supreme Court gave a last chance to defence authorities to present the 33 missing persons within a few hours or face legal consequences.
During Monday’s proceedings, Attorney General Munir A Malik informed the court that two of the 35 missing persons have died in custody.
Heading a three-judge bench, Chief Justice Iftikhar Muhammad Chaudhry told the defence authorities to file a case against those who are responsible for the deaths of two missing persons. The ‘custodial death of two missing persons’ is a clear evidence that all the missing persons are in the army’s custody, he added.
In response, Acting Defence Secretary Maj-Gen (retd) Arif Mahmood told the court, “We have searched for these missing persons in all 48 internment centres being run by the Khyber-Pakhtunkhwa government. But the court did not give importance to his explanation, and asked Defence Minister Khawaja Asif to register cases against those who are responsible for their murders and ensure that the 33 remaining missing persons are presented by tomorrow.
“We will not give [more] time. We have already given sufficient time,” the court told Khawaja Asif, when he said that the parliament is going to legislate on this issue soon.
“Legislation is of no use to the people who are dead,” Justice Chaudhry told him off. He refused the defence minister’s request to give more time to the government, saying that not even a second more could be given in this regard.
The chief justice rhetorically asked whether there was any authority above the government, as it seemed helpless when it came to missing persons.
Justice Chaudhry also ordered that a case be filed for the death of the two missing persons. Cases should also be registered against the people who have taken the missing persons into custody, the chief justice further added.
“If the state is not following the law, then how it can apprehend others for violations,” Justice Chaudhry said.
The court also expressed displeasure over not handing over bodies of the missing persons to their relatives without proper procedure and without a post-mortem.
On the overall issue, Khawaja Asif said that this is a transitory period as the new army chief has just assumed office and would need some time to consult with higher authorities. The prime minister was on a visit abroad, he added.
However, the court held that this was a chronic issue and it had nothing to do with the transitory period.
The attorney general informed the bench that one of the deceased had died in December 2012 and the other in July this year. He also disclosed that Defence Minister Khawaja Asif had told him about the deaths of the missing persons on Sunday.
The top judge held that the deaths of these two people had made the case more complicated. He ordered that the names and other details of the deceased be submitted to the court.
The chief justice ordered that the remaining missing persons be presented at 11:30am today (Tuesday). The chief justice passed the order after defence authorities failed to produce the people on November 26. Justice Jawwad S Khawaja said that 18 hearings of the case had been held so far but the results were dismal.
Published in The Express Tribune, December 3rd, 2013.
COMMENTS (9)
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The courts which does not respect the rights of the innocent people and stand with the terrorists, are terrorists themselves. They should not be respected nor should their orders be obeyed.
The Chief Justice doesnot know that the terrorists are kept in internment centres which are run by the Civil Administration, but CJ is so overwhelmed by the hate for Armed Forces that without checking the details he is targeting them. So No one should honor him and should not report to the court. They can do what ever they want.
IGFC should not present himself before a "Judge". Let there be show down and a clear winner so that the State Powers can readjust according to reality.
All those who support terrorists in garb of human rights and rule of law, are no better than the terrorists and their moles.
These repeated ultimatums have lost their importance due to lack of compliance by defendants and punitive actions by the APEX. One fails to understand as to why they insist to see them. Perhaps to set them free, like many other terrorists?
More "FOOT DRAGGING" by the relevant authorities! Please note the statement "WE have searched for these missing persons....... In K-P"!!!!! That carefully parsed statement may be true, BUT it avoids disclosing IF "THE MISSING" HAVE BEEN RECENTLY TRANSFERRED ELSEWHERE OUT OF K-P!!! Of course this may all be true, since the "relevant authorities" could not find OBL living beside PMA Abbottabad, couldn't find TTP chief Mehsud living openly less than a kilometer from N.Waziristan Army H.Q., and didn't notice Haqqani living openly (with security detail) in Islamabad!
There is absolutely no excuse to not present missing persons in court. And new army chief doesn't need PM or anyone else's approval to do so. This is an issue long known to the new army chief, as well as to current government while it was sitting in opposition.
Actions speak louder than words. Both army and government have chosen to do nothing to comply with court orders. One doesn't see any will on either one's part to bring this sad chapter in history of Pakistan to an end.It is about time some heads must roll, may that be the new army chief or PM.