Missing persons case: SC orders FIR registration against army officials
SC Orders Federal and KPK govt to lodge FIR against army officials involved in missing persons case.
ISLAMABAD (Online): The Supreme Court of Pakistan, Wednesday, issued orders to the Federal and Khyber Pakhtunkhwa government to lodge First Information Report (FIR) against army officials involved in 35 missing persons case in 24 hours.
A three-member bench of the apex court, headed by Justice Jawwad S Khawaja, gave these remarks on the 35th hearing of the case.
Upon the governments’ failure to produce the missing persons, Justice Khawaja remarked that the bench would issue an order on the matter at the end of the day.
During the hearing, the Attorney General of Pakistan Salman Aslam Butt said FIR against army officials, involved in the 35 missing persons case, will be filed till today (Thursday). The FIR against the army officials will be filed on behalf of the Government of Pakistan.
Justice Jawad S Khwaja ordered that a copy of the FIR be presented in court today (Thursday). He termed the move a major development, and commented that no one is above the law.
Additional Secretary Defence Major Gen (retd) Arif Nazir also informed the court about the steps taken for the production of the missing persons.
The bench refused to entertain the point-of-view of the defence ministry.
Justice Khawaja declined to listen to additional secretary defence and said the court need not listen to the ministry as it had a constitution to act upon.
Justice Khawaja further said that there was a value attached to the fundamental rights embedded within the Constitution and the court had been emphasising since August 15 on the government to act in accordance with its orders but to no avail.
He added according to the Constitution, it is fundamental responsibility of the government to protect the masses.
AG Salman Aslam Butt stated it was not the premier’s responsibility to ensure fundamental rights but it was the provincial government’s duty.
In his remarks, Justice Khawaja said the attorney general should give this in writing, adding that a notice will be given to the Prime Minister in this regard.
He further stated that the prime minister himself can appear before the court and say that it was not his responsibility.
Further, Justice Khawaja added that Wednesday’s was the 35th hearing and the bench was not interested in reports and would subsequently issue a ruling in this regard.
Responding to which, the attorney general pleaded the court to grant the authorities seven to eight days’ time to act upon its orders.
Justice Khawaja said the court’s orders were not being implemented, adding that if the prime minister could not handle the matter, he may declare himself free from blame vis-à-vis the issue.
Later, the court adjourned the hearing till today (Thursday).
It is significant to recall that Justice Khawaja had previously stated that barely any progress had been made with regards to complying with the December 10, 2013 court order.
Moreover, 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 had ordered the authorities to present the missing persons within seven days and initiate action against those responsible.
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 Khyber Pakhtunkhwa (KP) government had 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 KP and the federal governments’ progress.
The same bench on March 11 gave the federal and provincial government a week to comply with the order, which they failed to do so.
