ISLAMABAD: The Supreme Court of Pakistan adjourning the hearing of 35 missing persons till tomorrow (Wednesday) has inquired from the government that “whether it is ready to adhere the constitution or not”, adding that court would ensure the enforcement of the law and basic rights of citizens.
Three-member bench of apex court comprising Justice Jawad S Khawaja, Justice Iqbal Hameedur Rehman and Justice Mushir Alam heard the application filed by Muhabbat Shah, father of missing person Yaseen Shah, here on Monday.
Justice Khawaja remarked that court has no gun or stick in hand for get implemented its decisions but SC has only contempt law, adding that if the government abides by law than all may abide the law.
He said that government has proved that it is not interested in the case of 35 missing persons, adding if it is not interested than it should declare these citizens as second class citizens. The government using delaying tactics, is de-tracking the issue of missing persons, Justice Jawwad added.
Court would inquire from Prime Minister and CM of Khyber Pakhtoonkhwa instead of Army regarding these missing persons, Justice Jawwad remarked, adding that the report presented by the ministry of Defence is un-satisfactory.
The newly appointed Attorney General Salman Aslam Butt appeared before the court and Justice Jawwad welcomed in the court and hoped that new AG would show progress on the issue of missing persons.
AG read the court order issued on December 10, 2013 and contended that the ministry of Defence has filed its reply regarding the 35 missing persons, adding that the information regarding 15 missing persons could be given in-camera due to security reasons.
Justice Jawwad said that court already has given a chance to government to present missing persons in-camera but no satisfactory result was found, adding that the government has violated the court directives in this case. The court has documentary proof that these missing persons are in custody of Army.
The court showing annoyance said that why Chief Secretary KPK has not filed the reply on court orders and directed the additional advocate General to contact Chief Secretary and inquire the reason otherwise contempt notices would be issued to Chief Secretary.
Justice Jawwad referring the Bannu and Rawalpindi incidents, said that hese incidents are the result of such case, adding that the protection of the citizens is the duty of government and if someone thinks that court would spend more six years than he should know that such long postponement of the case is impossible. The court knows only the law and constitution, Justice Jawwad showing the book of law said to AG.
Justice Jawwad said that if the detainment of these persons is needed that government should make law in this regard. On this occasion additional attorney General Tariq Khokhar said that government has prepared the draft of law that would be presented in Parliament in commencing session convened on January 27.
Justice Jawwad said court had heard this stance in September 2013 but no progress has been made yet, adding that court has concerns and AG should read the all orders of the court and suggest the SC that what it should do in current situation. Later the court adjourned the hearing till tomorrow (Wednesday).