Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry has remarked ‘it is matter of regret that federal government and Balochistan government are not playing their role for recovery of missing persons.
He further remarked “ court will play its role for supremacy of constitution. No one is ready to put salve on the wounds of children, elderly persons and women from families of missing persons who have come to Karachi from Quetta.
Justice Jawwad S Khawaja remarked “ If a dog dies along the river bank in an Islamic state, its responsibility rests with the incumbent ruler. If the institutions want to destabilize Pakistan by not adhering to law and constitution.
A 3-member bench of Supreme Court (SC) headed by the CJP Iftikhar Muhammad Chaudhry took up Balochistan missing persons case for hearing here Wednesday.
The court ordered for initiation of contempt of court case against IG FC separately besides directing IG FC to produce FC officers and personnel before CID authorities who are allegedly involved in enforced disappearances . The court also issued notices to chief secretary Balochistan, IG Balochistan and IG FC.
The court also ordered that all the missing persons be recovered till December, 19, their due role be played by the federal and Balochistan governments and acting IG FC be appointed within 3 days.
The court while reprimanding Irfan Qadir, counsel for IG FC, Shahid asked him to remain silent otherwise his permanent license can be revoked.
Irfan Q adir said “ I have been listening to you silently since the last 3 days and I can not remain silent now.
CJP asked Attorney General (AG) “ please look at his attitude.
Justice Jawwad remarked “ Don’t respect us but study 25 clauses of doing practice.
CJP remarked “ we have to work in our own way. We had summoned IG FC and he is not present today as well.
Justice Jawwad remarked “ we will bring each and every word of yours on record and give results too. The courts are far above such phrases. In your view if it is the way of defending your client, Ok, then we will adopt our own way.
CJP said to Irfan Qadir “ please see rules of SC. We have spent 24 years in discipline. We can not tolerate your attitude.
Irfan Qadir said “ you have already made up your mind to take action against me.
CJP remarked “ please see the rules and we have to take action under these rules. We have not enacted these rules on our own. Don’t force me to do this job while I am on the way of retirement.
AG intervened in the matter, talked to Irfan Qadir and seated him on his seat.
AG said “ it is my request that such proceedings be not initiated.
Justice Jawwad remarked “ all have heard what he has said. He can say whatever he wants to say more. We are far above such type of phrases. These things are not important than the dignity of the institution for us. We will not allow the institution to be defamed. He will be heard and full opportunity will be given to him.
CJP remarked “we respect Irfan Qadir. It should be told to him that he should review his attitude and say sorry.
CJP remarked this is matter of life of 50 persons. It is not correct that you should play with court here. You don’t respect the court. Earlier we were going to suspend your license temporarily and we will do it permanently.
AG said “ please exercise restraint.
CJP remarked “ bring the men. If some commandant has been called so that he could tell the court.
AG said notification of acting IG FC was not issued under section 5.
CJP asked acting IG FC “ you can not come here by putting on such dress as you are holding no command.
DAG FC said he would comply with the orders of court. He does not know what dress he has to wear.
The court was told FC operates under the orders of federal government and operates like army. IG FC had sent application about his illness and when an application comes then acting has to be appointed.
CJP remarked how can a person command FC who is admitted into hospital. Our headache is this as to why court’s orders have not been implemented so far. He was asked to appear in the court on December, 1 but he has not appeared so far. He blew into the wind court orders. He is ill now and the responsibility can be handed over to some one else. Take action against the responsible persons for not complying with the orders of the court. In the prevailing situation when there is no second command then proceedings will be initiated against whom.
The court said in its orders “ the court has arrived at the conclusion that interior secretary should take the matter into his hands, talk to the concerned authorities and resolve the matter of appointment of IG FC under section 5. He should ask them to implement Court November, 29, 2013 orders. As far as the matter of non implementing court’s orders is concerned it will be heard separately.
CJP said to AG “ you are not holding command. If you will produce these persons. See the date of the case and irrefutable evidence are available against FC that action should be taken against them.
CJP remarked “ appoint the new AG FC within 3 days. We will hear the case next week.
Justice Jawwad S Khawaja remarked “ is there no law and government in place in Balochistan All including Hadi Shakil have been knocking the doors of SC since the last three years. This country has been declared Islamic Republic of Pakistan under which if a dog dies along the bank of river Dajla its responsibility lies with the incumbent ruler.
CJP remarked there is no IG FC. Balochistan government says no one hears it then whose plea will be heard. When Balochistan government can not establish its writ in the province then federal government will extend what help to it.
Justice Jawwad remarked “ if Balochistan government or federal government have not to protect fundamental rights then what reason is left for us to sit here. It is incomprehensible to me what is happening in the country.
CJP remarked “ it is matter of regret that elected government is there and courts orders are not being implemented.
AG said he will personally ask Shahid Aziz to appear in the court in person.
Justice Jawwad remarked “ if they all want to destabilize the country by not adhering to the law.
CJP remarked “ relatives of the missing persons kept on sitting in the camps persistently which have been set up in Quetta. Then they moved to Karachi on foot. They were accompanied by children, elderly persons and women and they were holding pictures of missing persons. Due to which Pakistan is being ridiculed in all over the world. No one is ready to put salve on their wounds. The role of law enforcement agencies is also not correct. Elected governments are also not delivering their pledges. In the prevailing situation we order IG FC to produce the FC personnel found involved in picking up missing persons before CID officer. The other institutions should also cooperate in this respect.
The hearing of the case was adjourned till December, 19.