Chief Justice of Pakistan Iftikhar Mohammad Chaudhry on Saturday warned the officials to improve their affairs before the arrival of UN delegation and ordered police and FC to launch crackdown within three days against illegal arms and vehicles.
The three-member bench of the apex court, comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Khilji Arif Hussain and Justice Jawwad S Khawaja issued the order on the petition filed by the Balochistan Bar Association on the law and order situation in Balochistan.
The chief justice remarked that authorities must improve their state of affairs before the arrival of UN group in Balochistan that would review the situation of missing persons in the province.
He questioned the Advocate
General what would happen if the UN team visited the province and recorded statements.
UN Working Group on Enforced or Involuntary Disappearances will visit Pakistan on September 10.
The chief justice remarked that the entire proceedings were in the national interest and it did not make any difference if any one did not approve of them. The court would conclude this case as soon as possible. It would be troublesome if matters fell into others’ hands, CJ said.
Deputy Attorney General told during the SC hearing that orders in respect of cancellation of all permits (rahdaris) issued for illegal weapons and smuggled vehicles had been implemented.
The court questioned the defense secretary if the agencies could lawfully issue permits. The secretary told that IG Police had been contacted and told to arrest the permit holders. He further told that a high level meeting would be called to address the issue.
At this point, the chief justice ordered police and FC to initiate a crackdown against the transit permit holders in three days. The defense secretary told the court to give them chance and said that they would not disappoint the court as they had already started action.
CCPO Quetta Mir Zubair told the court that special branch and police could not issue the transit permits and only intelligence agencies including ISI and MI issued them. The respondents in this case had, in a signed statement made on their behalf on 31 July, 2012, stated that the federation and the provincial government were highly conscious about their constitutional obligations with regard to the security of life and property of citizens as envisaged in Article 9 of the Constitution of Islamic Republic of Pakistan.
They stated that the federation and provincial government through their LEAs and intelligence agencies would make all out efforts to ensure early and safe recovery of missing persons, take steps and measures to identify and arrest the culprits involved in the target/sectarian killings, kidnapping for ransom and put them to justice and will further strengthen/enhance the level of coordination at the highest level amongst different stakeholders to efficiently discharge with their constitutional obligations and restore peace and harmony amongst all the segment of society in the province and create conducive environment for the economic development, well being and prosperity of the province.
The court noted that no missing person had been recovered, target killing of innocent citizens, particularly for sectarian consideration including killing of the members of the Shia community, and other denominations continued and day by day their numbers were increasing. An Additional District and Sessions Judge and two senior police officers were killed along with many other personnel of law enforcement agencies including the police, FC, Levies and Costal Guards without any preventive measures by put in practice by both the governments.
The Apex Court also observed that abduction for ransom in the province of Balochistan had become a trade and committed everywhere, so much the so that professionals like doctors and teachers were not safe. The people did come back on their own after paying ransom from their pockets. The children, both male and female, were reportedly being kidnapped for which no preventive measures had been put into effect.
The court order said that unfortunately the agencies like ISI, MI etc were issuing rahdaris (transit permits to pass through an area) to the persons who possessed prohibited arms and ammunitions in non-custom paid vehicles. Whenever any law enforcing agency apprehended them, they put up resistance on the basis of those rahdaris and went scot free. These were the facts which were the root causes for non-implementation of the constitution and the law.
The chief justice inquired about the Dera Bugti Commandant on which FC lawyer told that his leave had been cancelled. On this, the chief justice asked the lawyer to present the cancellation order in the court.
He also expressed his outrage at the absence of FC Commandant Dera Bugti from court and demanded that the missing person hailing from Balochistan, Kaho Bugti, must be presented in the court as soon as possible.
The chief justice also said that as there were 22 agencies working in Balochistan, a list of all the names of these agencies must be submitted to court. He also issued instructions that these agencies must finish all the work that they had begun in the province.
Justice Khilji Arif Hussain inquired from the deputy attorney general about the prohibition of illegal weapons and passage of vehicles and said that as the system was now computerized, obtaining a list of these passages could be compiled easily for use in legal proceedings.
The court directed the chief secretary of the government of Balochistan to bring all these facts into the notice of the prime minister, governor as well as the chief minister and the heads of the agencies and asked to report on its outcome to the court in Islamabad on 19 September, 2012.
The Supreme Court has directed secretaries of interior and defense, chief secretary Balochistan, inspector general of police Balochistan, secretary home, Balochistan and IG, FC, Quetta to appear on 19 September in Islamabad in connection with the hearing of law and order situation in Balochistan.
