A three-member bench – headed by Chief Justice Iftikhar Muhammad Chaudhry – announced its final verdict of the case today.
While announcing the detailed judgement, the bench said that statements by the relatives of the missing persons and jail superintendent proved that army was involved in the illegal transfer of these people from a jail Malakand and subsequent detention at an unidentified location.
Ordering inquiry against those involved in the illegal detention, the court directed Prime Minister Nawaz Sharif, Khyber-Pakhtunkhwa Chief Minister Pervaiz Khattak and the provincial governor to recover the missing persons within seven days and present them before the court.
Expressing anger over how the government responded to this issue, the apex court said the defence ministry initially denied that the military was involved in the case but admitted to it later.
The judges also called for proper legislation in this regard.
COMMENTS (21)
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...and release of terrorists by the courts is legal!!!
We are in a war/insurgency situation. People are involved in terrorism against citizens of Pakistan. Need of the hour is to have detentions of such person for in-determinant amount of time. No legislation presently available can allow this. Even new legislation will need to be time restrictive. It will let such people get bail or released by courts because of lack of evidence.
So yes I total am for this "illegal detention" . If it means safety of the rest of Pakistanis. Same goes for the drone attacks that kill terrorist.
Interesting. Surprisingly no body has ever mentioned as to why 35 men were detained in so called illegal detention. More over seven out of them were free why they did not tell their kins about their whereabouts. Furthest no duo motto was taken on apprehending the killers of innocent... Probably discretion is better part of valour.
The PCO CJ can cry all he can about non cooperation of the PM, and army chief on the killing, torture and disappearance of dozens of Pakistani citizens. The fact remains he called every PM belonging to PPP in his court several times and rebuked them in open court in their face. Yet he never showed similar zeal against the generals and current PM. He sent three sitting HC CJ to fetch evidence against PPP’s HH and held the court in UK but against the strong rightwing forces that he once liked he is making only populist statements which mean nothing. There are no “orders” in his decision just populist rhetoric as if he is a political leader ready to contest elections. This case should not have been dragged for this long till his second retirement!
If the missing persons are freed once,so many innocent lives will be missed forever and the credit will go to Iftikhar sahib...
The evidence to declare dentention illegal is based on the statements of relatives of the criminals being called missing persons and the jail suprientendent where they were lodged.No highest court in the world would declare such detention illegal based on this evidence only,when the terrorists/ criminals were apprehended from war Zone of FATA/ Swat after military operations.What a farce staged by the SC bench headed by the CJ Iftikhar Chaudhry ?.The judgement smacks of revengeful attitude of the out going CJ.
SC has done its duty, now its duty of executive and army top brass to do their jobs. Its a criminal case, they can ignore it for time being, but it will keep on haunting them forever.
Who cares!
ever heard of the missing urdu speaking from Karachi...my Lord...
Certainly, the army has no right,power, and authority to detain the people no matter who is who?
Another unimplementable court order. The judges should realize that they are lowering the prestige of the superior courts by passing orders which they know will not be implemented.
@SM: Did you follow proceedings?
Bravo Supreme Court for calling a spade a spade. Another major milestone crossed with this verdict in our inevitable progress toward Civilian Supremacy.
Ever heard of the missing Baloch, my Lords?
Justice needs to be served on both sides of the line. Just to corner a national institute, which has become the favorite play of the justice slogan for everyone, will never make things go in the right direction. Army might be involved in picking up people ''does not make them the only ones to be part of it'' but we should never forget that the feudal lords will never let the common man live freely till our top ''so called justice'' institutes stop making murderers their heroes for the sake of their personal enmity.
Thank God it was not Yousaf Raza Gilani or PPP government, otherwise another PM would have gone home with bonus of 5 years ban from Politics.
People need to realize this, court takes decision on personal likes and dislikes.
Supreme Court is trying to do what is the job of political government. As long as the civilian government is not willing to take on the powerful (un)intelligent intelligence agencies.