Missing persons’ case: Single-day reprieve for federal, K-P govts to obey SC orders

Bench decides not to issue show-cause notice after AGP pleads for more time.

ISLAMABAD:

The Supreme Court on Tuesday gave another chance to the prime minister, as well as the Khyber-Pakhtunkhwa chief minister and governor, to implement the court’s December 10, 2013 ruling in the 35 missing persons’ case.

Just when the three-judge bench, headed by Justice Jawwad S Khawaja, was dictating the order of issuing a show-cause notice to the premier, K-P CM and governor, Attorney General of Pakistan Salman Aslam Butt interrupted and sought a short adjournment, pleading with the court to show mercy. “Please give us a little more time. We will show progress,” he told the bench.

Upon this, Justice Khawaja replied, “Do not stop us from doing our work. This is a mockery; today is the 34th hearing of this case.”

The attorney general again pleaded, “I bow before you, My Lord.”

The bench then accepted his second plea and postponed the hearing till today.

On December 10 last year, a three-judge bench, headed by former chief justice Iftikhar Muhammad Chaudhry declared that the army authorities removed 35 persons from the internment centre in Malakand Garrison two years ago.

The court ordered the authorities to present the missing persons within seven days and initiate action against those responsible.

The government promulgated the Protection of Pakistan (Amended) Ordinance 2014 on enforced disappearances in view of the court’s direction. Also in compliance with the court’s order, 12 out of 35 missing persons had been produced before the court, but the government is yet to act against military authorities who illegally detained them.

The defence ministry has already challenged the court’s December judgment, saying the order could have profound national and international implications that could be detrimental to the federation of Pakistan. The top court, however, only took up the petition once.

The K-P government also formed an inquiry committee to probe into the whereabouts of the missing persons as well as check the implementation of the SC’s judgment.  However, the court is dissatisfied with both the K-P and the federal governments’ progress.

The same bench on March 11 gave the federal and provincial government a week to comply with the order.

During Tuesday’s hearing, the AGP told the bench that after Justice (retired) Sardar Muhammad Raza refused to conduct the probe, the federal government has formed another one-man commission, headed by SC’s retired judge Ajmal Mian, to probe the matter.

He also submitted that the commission is starting its work today and would complete documenting its findings as soon as possible.

Justice Khawaja observed that this will start an “endless game”. But AGP Salman Butt assured the court that in view of the commission’s findings, the government would take action against the military officials who were involved in the abduction of these persons.

However, Justice Khawaja responded, “We note your request but decline it. Let us issue a notice to the chief executive of the country and the chief executive of the province to give us a reply over their non-compliance.”

Nevertheless, after the attorney general begged for another chance and so did the K-P Advocate General Latif Yousufzai, the bench changed its mind.

Published in The Express Tribune, March 19^th, 2014.