- Justice Khawaja says ‘army issues order like rulers’
The Supreme Court (SC) has sought explanation from the attorney general within 24 hours on the Malakand missing persons’ case which concerns the disappearance of 35 people from an internment centre in the region.
A three-member bench of the court, headed by Justice Jawwad S Khawaja, heard the case.
During the hearing, Justice Khawaja said that “army issued order like rulers” and Malakand DCO transferred the case to the military court.
Reiterating the responsibility to implement the Constitution, the judge remarked on the Abida Malik case saying that later on a case was registered on the issue.
Regarding the registration of a case against military personnel, Justice Khawaja said that it will be decided after hearing the attorney general’s arguments.
The Khyber Pakhtunkhwa advocate general informed the court about the report which stated that the army had requested that it will take action against its officer in the military court. Malakand DCO passing orders on the same day handed over the case to military and now the case was with the army, he informed.
Replying to a question, Latif Yousafzai said that the application of Defence Minister Khawaja Asif, copy of FIR and other documents were handed over to the military. He informed the court that army had formally requested the civil administration, saying that it will take action against Amanullah.
Justice Khawaja commented on this account saying that this was not the right order as they had not mentioned any reason of the incident.
The court asked about the status of one-man commission in the case, saying that “DCO did not use his brain” while issuing order in the case. He also stated that the civil court had superiority and criminal court would deal the case according to the law.
The court adjourned the case till today (Thursday).
