Missing persons: Defence promises ‘good news’ at hearing today

PM’s phone call prevents defence minister from being summoned.

The bench said it would not accept anything short of the appearance of all missing persons. PHOTO: FILE

ISLAMABAD:


After a prolonged hearing in the missing persons’ case on Thursday, a last-minute telephone intervention by Prime Minister Nawaz Sharif saved him from a court notice for at least 24 hours.


Leading the three-member bench of the case probing the whereabouts of people believed to be in the military’s custody, Chief Justice Iftikhar Muhammad Chaudhry adjourned the case till today (Friday) only when Defence Minister Khawaja Asif informed the court that PM Nawaz had assured him that ‘good news’ will be presented to the court on Friday at 10:30am.

During Thursday’s proceedings, the court adjourned the hearing at three instances, insisting on each occasion that the remaining 33 missing persons be presented.

When the court resumed the hearing at 4:15pm, defence authorities pleaded for more time, explaining that the details of five more missing persons have been disclosed, but to no success. Referring to the army authorities’ refusal to produce the missing persons, Justice Chaudhry said, “We will summon someone on the top [prime minister] and ask him whether he is the ruler or there is a parallel government in the country.”




Addressing the defence minister, he said, “You failed to resolve the issue. Now we will summon the higher-ups and can go to any extent in this human rights case.” However, the attorney general requested the court to adjourn the hearing for 15 minutes, as the prime minister had telephoned.

While the defence authorities complained that they were being defamed through observations and media coverage, the chief justice stated that the court’s orders regarding missing persons were no being respected.

The bench said it would not accept anything short of the appearance of all missing persons. We are exercising judicial restraint so far, he said, adding that the bench will ask the prime minister whether or not he is responsible for running the country. Justice Chaudhry said that when such a situation had arisen during General Kayani’s tenure, the court’s orders were respected and recoveries promptly made. “I this case, the situation is otherwise. Therefore, we are being forced to take extreme steps because you are now starting to humiliate the court,” the top judge said.

He wrote an order stating that all 30 persons must appear in court tomorrow (Friday) with proper security measures.

Balochistan case

The Frontier Corps (FC) Inspector General Major General Mohammed Ijaz Shahid was issued a contempt of court notice by the apex court as he did not attend the hearing on Thursday even after being summoned several times. According to sources, FC IG Shahid could not attend the hearing as he was admitted to hospital on November 29 because of a heart problem. The court also ordered that a copy of the order regarding contempt notice to IG FC be sent to the defence minister.

Published in The Express Tribune, December 6th, 2013.
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