A look back at some of the most important and interesting cases of 2013.
Missing persons
On January 22, the PHC, while hearing around 278 petitions related to enforced disappearances, ordered all missing persons to be identified and produced before the court, adding it would otherwise be forced to declare the presence of security forces in the federally and provincially administrated tribal areas as unconstitutional. During the last hearing on December 10, the PHC was informed that 707 missing persons were identified, and shifted to internment centres in K-P and Fata. The court then ordered to match these individuals with the list of missing persons so the petitions can be disposed of. The case continues into the New Year.
FC platoons
In early 2013, the provincial home and tribal affairs department filed a petition at the PHC requesting it to order redeployment of 294 Frontier Constabulary (FC) platoons deployed outside K-P. The case continued throughout the year and on October 3, the court ordered Attorney General Munir Malik to solve the problem, after which Malik assured the court the issue will be raised with the federal government and K-P’s needs will be addressed.
Barring Gen Musharraf for life
A PHC bench headed by Chief Justice Dost Muhammad Khan on April 30 disqualified former president Gen (retd) Pervez Musharraf from contesting elections for the rest of his life. The court declared that as the former military ruler had twice abrogated the Constitution, he was not eligible to contest elections under Article 62 and 63.
Direction for vehicle safety law
The court, on a petition filed by its human rights directorate, directed the provincial government to pass legislation ensuring safety of passengers travelling in vans and buses. The court ordered all stakeholders to ensure that CNG-kits installed in public transport vehicles were up to international standards.
Door closed on drone strikes
On May 9, in a 22-page order, the PHC declared drone strikes a war crime and directed the federal government to raise the issue at the United Nations. It also observed the US government was bound to pay compensation for civilian deaths and property damages. The court further observed that the federal government has the constitutional right to shoot down drones if they are not stopped. As drone strikes continued, two petitions were filed against the federal government for not following the court’s orders.
Air Blue crash
Families of 95% of victims of the 2010 Air Blue crash were compensated after PHC’s intervention. On October 3, the court declared that pilot Parvez Iqbal was the main contributor to the crash as due to tiredness and mental absence, he did not respond to the air traffic controller on time. The case was then disposed of with directions for enhanced flight safety measures.
Suo motu on spurious drugs
On February 6, a suo motu notice on substandard interferon injections for Hepatitis-C treatment in various hospitals of K-P led the court to direct the Anti Corruption Establishment to probe the issue. The inquiry found gross irregularities and on October 22, the PHC handed over the probe to the National Accountability Bureau.
Controversial plot allotment in Abbottabad
On November 8, the court directed the K-P chief minister to stop allotment of plots in Galyat area of Abbottabad without its consent. The decision came after a NAB investigation revealed that around 800 plots were illegally allotted to parliamentarians and former police and army officials.
Directions on amending acid crime law
In October, the PHC ordered the federal government to amend acid crime laws to regulate acid’s sale and purchase in the open market.
Request for Ajmal Khan’s recovery
In September, the court asked local tribal elders to help recover kidnapped vice chancellor of Islamia College University Ajmal Khan who has been in captivity for over three years. The court made the request while disposing the case of kidnapped Gomal Zam Dam workers who were recovered with elders’ help. It further directed creation of a separate case file for one worker who was not released.
Ensuring scrumptious chapli kebabs
In September, the court took a suo motu notice on the sale of substandard chapli kebabs in the province after damning reports of meat adulteration in a local newspaper.
Published in The Express Tribune, January 1st, 2014.
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Overall I would say a good year for the PHC ?