ISLAMABAD: The Supreme Court of Pakistan has summoned reply from the federal and the Khyber Pakhtunkhwa governments on the non-implementation of verdict of the apex court pertaining to 35 missing persons.
Two-member bench of the apex court headed by Justice Jawwad S Khawaja conducted hearing of the case pertaining to 35 missing persons of Malakand in Islamabad on Friday.
The court said if the higher authorities in the country would not abide by the law it would not only increase the lawlessness in the country but it would also encourage other people towards violation of the law.
The court said that government and the court both are bound to obey the constitution. The court said that the verdict of the court given on December 10 was not implemented, saying that the report submitted in the registrar office is the interim reply of the government and no clear reply has so far been given regarding the legislation regarding the missing persons.
The court said that no person can be kept in custody without legal justification under section 9 of the constitution. The court said that it would issue further orders regarding the missing persons on submission of the replies of the parties concerned.
The court inquired as to why the orders of the court were not implemented, saying that clarification should be given in this regard.
Additional Attorney General, Shah Khawar informed the court that the government is making legislation for recovery of the missing persons.
Justice Jawwad S Khawaja said that the issue is of the grave nature. He said that no legislation has so far been made, saying that the government should take action against the enemies of the country. Justice Jawwad S Khawaja said that the court has the one and the only way of getting his word comprehended.
Additional Attorney General, Shah Khawar submitted the report pertaining to missing persons which was rejected by the court. Justice Jawwad S Khawaja said that the court ordered on December 10, 2013 for recovery of the missing persons. Justice Jawwad said that the court had ordered to take action against the responsible of disappearance of 35 persons after identifying them but there is no mention of action against the responsible persons in the report.
During the hearing, the court directed Shah Khawar to submit details regarding the recovery of missing persons within 10 minutes. Justice Jawwad S Khawaja said that no law permits the forced missing of any person, saying that the documents submitted by the additional attorney general are not according to the orders of the court.
The court ordered that the chief executive should ensure that no person should be got missing by force , saying that it has not been informed in the report as to who is responsible for unconstitutional steps regarding the missing persons , Jawwad S Khawaja said .
Additional Attorney General said that the government has formed a committee for the missing persons. Jawwad S Khawaja said that it is clear as to when the committee would meet and would start working.
Jawwad S Khawaja said that it is not the job of the court to make legislation otherwise the court resolved this job of the government as well.
The court summoned reply up to January 17 while issuing notices to secretary to prime minister, chief secretary Khyber Pakhtunkhwa , secretary law and secretary to governor Khyber Pakhtunkhwa , Engineer shoukatullah. The court adjourned hearing of the case till January 20.