ISLAMABAD: Supreme Court of Pakistan, while rejecting the government request for adjournment the hearing of case pertaining to 35 missing persons of the Malakand for a month, has directed the government to present the missing citizen, Yaseen Shah in the court at the all cost. The court, in the case of another missing citizen, Khanzada, directed the federal and the provincial governments to inform the court on January 29 after reviewing the record.
Three-member bench of the Supreme Court , headed by Justice Jawwad S Khawaja and comprising Justice Iqbal Hamidur Rehman and Justice Musheer Alam on Monday conducted hearing of the case pertaining to 35 missing persons of the Malakand Agency.
The court said that if a single missing person could not be traced out by using all resources of state, saying that as to how the government would cope with the hundreds of the terrorists present in the country.
The court said that as to how the matters would be controlled if the security institutions followed the same course of action.
The court said that the government would have to implement the constitution, saying that the state can not be instable with the implementation of the constitution.
The court expressed its concern that its orders are not being implemented, saying that law and order situation in the whole country is critical.
The bench said that the court has already given quite a considerable time in the missing persons’ case and it would not be done any more.
The court directed federal and KPK governments to submit reply regarding the recovery of 35 missing persons till Wednesday.
Justice Jawwad said that the court will review the Protection of Pakistan of Amendment Ordinance and will deliver its judgment after hearing all concerned parties.
He said protection of people is responsibility of government. He said that court will see whether ordinance is according to law and constitution and basic human rights of people are ensured in ordinance or not.
Advocate General Khyber Pakhtunkhwa, Abdul Latif Yusufzai during his arguments informed the court that an ordinance pertaining to the missing persons has been presented.
Justice Jawwad S Khawaja remarked that the court will evaluate the said ordinance in the light of law.
Justice Jawwad said that federal government is responsible for legislation, and questioned what steps have been taken by the Khyber Pakhtunkhwa government in this regard.
Advocate General said that it is in the knowledge of the court that 35 persons were taken away by the military.
On this, Justice Jawwad S Khawaja remarked that it was the responsibility of the provincial government to raise the matter with the Defence Ministry. The court adjourned hearing of missing persons’ case till tomorrow (Wednesday).