Says it can initiate contempt proceedings against govt for ignoring its Dec 10 ruling. PHOTO: FILE
The Supreme Court on Monday cautioned the civilian leadership that it might initiate contempt proceedings against those who had not complied with the apex court’s December 10, 2013 judgement on missing persons.
“We do not have a stick or gun but we have one book (Constitution) and if anyone will not comply with our orders then we will not hesitate to initiate proceedings under Article 204 of the Constitution,” noted the SC’s three-judge bench, headed by Justice Jawwad S Khawaja.
The court resumed the hearing about the production of 35 disappeared persons, who have been missing since December, 2012 after the army authorities took their custody from an internment centre in Malakand.
The court said there was documentary evidence that these 35 persons were picked up by the army.
However, the bench observed, it would not ask army officials for their recovery but inquire from Prime Minister Nawaz Sharif and Khyber-Pakhtunkhwa (K-P) Chief Minister Pervaiz Khatak what actions they had taken to comply with its order as well as the enforcement of fundamental rights.
“We will not bother to inquire from anyone, including intelligence agencies, but will ask from the political government as to whether these [agencies] are subservient to it or not,” said Justice Khawaja.
He also made it clear that no one should presume that the court’s policy of judicial restraint would continue in the missing persons’ case in future.
On the request of newly appointed Attorney General of Pakistan Salman Aslam Butt, the court on Monday gave two more days to the federal government about the implementation of its judgment.
On January 10, the court had directed the premier and the K-P chief minister to submit their replies by Jan 17 explaining why the SC’s Dec 10 judgment had not been complied with.
“Please do it very seriously for the sake of Constitution, for the sake of rule,” Justice Jawwad asked the AGP.
The AGP said the government had already furnished the complete record about 35 missing persons. Justice Khawaja however rejected the claim and said that it was mentioned in the record that 15 persons had still not been traced out.
Additional Attorney General Khokhar informed the SC that a bill on enforced disappearance would be tabled at the National Assembly’s next session, commencing from January 27. He said a task force on enforced disappearance had prepared the draft of a new bill, which had already been shared with the court.
“Now this draft has been sent to different institutions for their input,” he added. Justice Jawwad said they had seen that legislation was done overnight on some issues but on this sensitive matter the legislation had been lingering for last many months.
The court also expressed anger over the K-P government for not submitting reply in connection with its December 10, 2013 judgment. The K-P Additional Advocate General Zafar Quraishi told the bench that the K-P had prepared its reply but could not submit it for want of time.
The bench asked the K-P government to file its reply and adjourned the hearing till Wednesday (tomorrow).
Published in The Express Tribune, January 21st, 2014.
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The Goberment of Pakistan is never going to live within the rule of Law, Justice SC. What a waste of public money.