Justice Saqib Nisar has remarked the Supreme Court (SC) is not helpless and it is giving time to intelligence agencies and government only to complete legal formalities and reach the credible evidence.
He also said, “The ISI is not getting recover missing persons and it is providing more evidence against itself by making request to seek more time. It would have been better if proceedings had been initiated against the missing persons as per law. SC is not helpless and it is giving time to sensitive agency and government only to complete the legal formalities and reach the solid evidence.”
He gave these remarks while heading a two-member bench during the hearing of missing persons’ case.
Additional Attorney General (AAG) Tariq Khokhar filed the reply of Muhammad Anwar and told the court that Anwar was not present in Chakwal when both brothers went missing. It is only an allegation against him. However, he has no relevance with Omar Bakht and Omar Hayat incident.
Tariq Khokhar also said the court should cross-examine Naik Anwar as per his affidavit the way it had got other witnesses cross questioned by the Chakwal sessions judge.
The court remarked, “You should think over it again as all the avenues are leading towards you and the inquiry which was got conducted by Sessions Judge had also gone against you. You are gathering more evidence against you by asking for holding inquiry afresh.”
Amna Masud Janjua said, “Elderly parents of the missing brothers are passing through state of anguish and distress due to the forced disappearance of their sons. These two brothers were labourers and their father says if the intelligence agency does not want to return his sons alive then it should at least return their dead bodies. Their father is suffering from redoubled agony.”
The court said, “Court’s jurisdiction is also limited. It wants that all the ends of justice are met. We are not showing leniency towards any one. But we want that the agency which has picked them up should set free them on its own or the proceedings be initiated against them as per law. We are not leaving these matters. We cannot give more days but we can do this we give order to sessions judge Chakwal to conduct the inquiry afresh. He should carry out the inquiry of the matter till November 7 and include ISI Naik Muhammad in the inquiry process. If Amna Masud Janjua and family members of missing brothers want to cross question Naik Muhammad Anwar they should then contact sessions judge Chakwal.”
The court ordered the Chakwal sessions judge to hold the inquiry into the missing brothers incident afresh besides including Muhammad Anwar Naik in the inquiry. The SC also ordered the judge to complete the inquiry until November 7. The court adjourned the hearing of the case until November 12.
