Missing persons case will not finish with my retirement: Chief Justice
The CJP says there are 60 hours till his retirement which are equal to 60 years.
ISLAMABAD (Dunya News) – A three-member bench of the Supreme Court (SC) headed by Chief Justice Iftikhar Muhammad Chaudhry resumed the hearing of missing persons case on Monday.
The authorities of defence ministry pleaded the court to grant more time for production of two missing persons as they were residing in a far flung area. They assured the court that these missing persons would be produced in the court on Tuesday.
Upon this, the Chief Justice said that the court orders should have been implemented. The defence ministry authorities told the court that they were trying their best to produce the missing persons.
The CJP said that the court orders that should be implemented. He said that the court was not an army that the decision could be implemented at gun point.
The bench said a person was held from a city and then the authorities were excusing that they did not know about his presence.
The CJP asked the authorities to clarify that which law permitted this.
Attorney General Munir A Malik told the court that military can hear the criminal cases as per the new legal reforms.
The Chief Justice said that this law was made for the internal affairs of the army not for the common citizens and even this was not about the forced detention.
The Attorney General told the SC that this law was implemented on all in the war-hit areas.
Upon this, the CJP asked to explain as if this category of persons was arrested as war crime accused.
He remarked that there was a difference as these were two separate matters.
Attorney General maintained the stance that such ruling should not be adopted that affects operation against terrorism and arrests.
The adjourned the hearing of the case till December 10.
Earlier, a three-member bench of the apex court, headed by Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry heard the case pertaining to the missing persons. The Chief Justice said the court will announce its verdict today at all costs.
The court said forced disappearance was a crime under international and human rights laws. The CJP said the authorities didn’t comply with the court orders.
The attorney general apprised the court that the heirs of two missing persons, who died in custody could be presented before the court during in-camera hearing.
The Chief Justice replied that the court cannot hold in-camera sessions on daily basis.
The attorney general said legislation would be done in a Parliament session on missing persons issue.
Justice Jawwad SKhawaja replied that the matter would have been resolved within 24 hours if the PM wanted. The bench said they would issue verdict on missing persons today.
On Saturday, seven missing persons were presented before the court during in-camera session. The missing persons were produced before Justice Amir Hani Muslim. The undeclared detainees were identified by their relatives during the hearing.
