Khuzdar situation reflects denial of constitution: SC

Chief Justice Iftikhar Mohammad Chaudhry on Wednesday said the month-long shutter down strike in Khuzdar district of Balochistan was tantamount to a complete denial of the constitution.
He was hearing a petition at the SC Quetta Registry regarding the worsening law and order along with Justice Jawwad S Khwaja and Justice Khilji Arif Hussain.
Salman Akram Raja told the court that the people responsible for the deteriorating law and order in Balochistan had been named, but no action had been taken against them.
The assisting lawyer of the court, Qahir Shah, told the court that Khuzdar was closed for a complete month due to volatile law and order, but the government did not bother. He said elements involved in car snatching and robbery were openly roaming in Khuzdar, but police officers asked the victims to enter into bargain with the criminals for taking their belongings back instead of doing anything for their protection. The chief justice asked IGP Tariq Umar Khatab about the role of police regarding the closure of Khuzdar, saying it was an open negation of constitutional rights of common citizens.
Justice Jawwad S Khwaja said why should the judges not leave the courts if the town was closed for a month, there was no implementation of constitution and the Supreme Court could not do anything in this regard.
He said “we are pushed against the wall and now we have to do something through our orders”.
“The Supreme Court has carried 70 hearings on Balochistan situation and has issued order for the implementation of law and the constitution in Balochistan,” the judge said, adding that despite assurances from the government in this regard, nothing had been done. When Deputy Attorney General Malik Iskander Khan sought time, the chief justice expressed resentment and said Balochistan was not a priority for the federal government, allegations were being levelled against government and the FC but the government was doing nothing.
“We all are responsible for the situation Balochistan is facing today,” the CJ said.
Salman Akram Raja continued his arguments regarding the law and order in Balochistan and gave several examples of social injustice that gave rise to frustration in a society, upon which the CJ said the judiciary had already highlighted these aspects.
He said he was informed by the local people that a local armed group raised by intelligence agencies deteriorated the situation in Khuzdar.
The lawyer said the FC personnel had cut Balochi traditional trousers of youth with the scissors across Balochistan and the move was aimed at dishonouring the people, adding that such acts would give rise to ethnic clashes as most FC personnel comprised of recruits from Khyber Pakhtunkhwa.
He also came up with the suggestions to make the agencies follow constitution, adding that there was no country in the world where agencies were working without any law and constitution.
He also suggested for constitution of a commission, but the chief justice rejected it, saying commissions had been formed in the past in this country but yielded no result.
Raja said the Supreme Court should give a specific direction for evolving a mechanism for making intelligence agencies personnel or government representatives accountable if found guilty.
Balochistan Advocate General Amanullah Kanrani said although the government was not satisfied with the prevailing situation of the province, the situation had improved a lot compared to other provinces. The CJ said if his statement was true, why did the United Nations working group visit Balochistan regarding the missing persons.
The AG said Balochistan government was ready to implement SC orders in letter and spirit for improving law and order in Balochistan.