SC ‘not helpless in getting verdicts implemented’

The Supreme Court (SC) said on Wednesday that it was not helpless in getting its decisions implemented, as a three-member bench heard the case of missing persons in Balochistan.
The bench comprising Chief Justice of Pakistan (CJP) Iftikhar Mohammad Chaudhry, Justice Tariq Pervez and Justice Arif Khilji resumed the hearing on deteriorating law and order situation in Balochistan.
During the 15-hour hearing of the case, Justice Tariq Pervez said the SC was not helpless, adding that if the federal agencies were not obeying the federal and provincial governments, then the system had failed.
If the state fails in fulfilling its responsibilities, then its solution is available in the constitution, Justice Khilji said.
The federal government is not cooperating in the issue of missing persons, while the Balochistan government is helpless in this regard, the CJP said while hearing the case.
The CJP also summoned Chief Minister Nawab Aslam Raisani and Home Minister Zafarullah Zehri for today’s hearing to assure the court that no more dead bodies would be recovered in Balochistan and that people’s lives would be protected under Article 9 of the constitution.
Deputy Attorney General Iskandar Khan submitted a report regarding the missing persons, and said that no progress had been made in the case.
Balochistan Chief Secretary Babar Yaqoob Fateh Mohammad told the court that the Frontier Corps (FC), Military Intelligence (MI) and Inter-Services Intelligence (ISI) had assured of their cooperation with the police in recovering the missing persons. He added that although a list of missing persons had been handed over to these agencies but no progress had been made so far.
Balochistan Advocate General Amanullah Kunrani said the Balochistan government had decided to take steps to recover the missing persons in accordance with the Supreme Court’s orders.
The CJP said that everyday a new story was appearing in the newspapers about recovered dead bodies of missing persons in Balochistan. He cited two news reports published in Wednesday’s papers about the recovery of two bodies on the Costal Highway. He remarked that only one missing person had been recovered after the court’s directives, and that nobody was worried about what was happening in the province.
“The relatives of the missing persons have asked the courts where they should go as neither the police nor the inspector general are taking responsibility for their missing near and dear ones. So where are these missing persons,” the CJP asked. Justice Khilji said that the complainants, who were the citizens of Pakistan, had come to the courts with their pleas, and wanted to know where their missing relatives were. Supreme Court Bar Association President Yaseen Azad, who was also present in the court, said the situation in Balochistan was not good. He said that everything was under the control of agencies, adding that the state should fulfil its responsibility in protecting the basic rights of the citizens.
He said the Balochistan inspector general of Police should tell the court about the whereabouts of the missing persons, adding that action should be taken against him if he failed in obeying the court’s orders. He said that the judiciary might take action against the government if it was not performing its responsibilities in accordance with the constitution. The CJP asked what would happen in the country if the government could not provide security to the citizens under Article 9 of the constitution. Police have evidence and know where the missing persons are because they have already recovered some of the missing persons, he said.
He said that Balochistan was burning, the people were being whisked away, decomposed bodies were being recovered and members of the Shia community were being targeted. He regretted that people were being kidnapped for ransom, and ministers were also involved in it. He said that some breakthrough was being made as some people had been arrested. Chief Justice said that a provincial minister had accused Frontier Corps regarding dead bodies but no progress had been made, adding that the court could not remain calm on the situation. If the Balochistan chief secretary and IG Police say that they were helpless, then the courts would summon the Balochistan chief minister, Interior secretary, Defence secretary, and the sector in charge of the ISI, the CJP said, adding that if the prime minister could appear before the court, why not the ISI officials. Later, all the members of missing persons present in the court recorded their statements. The bench also showed its resentment when it was informed that nine people who had gone missing from Khuzdar district could not be recovered in accordance with the court’s orders. In the previous hearing on Monday, the chief justice had ordered the police to produce nine people who went missing from the Totak area of Khuzdar district along with severe warnings of stern action against police and the deputy commissioner of Khuzdar if they failed to comply with the court orders. During the proceedings, Balochistan Advocate General Amanullah Kanrani informed the court that a meeting had already been held on Tuesday in this regard in which the FC inspector general was also present. At this Justice Khilji remarked said that the houses of the people were burning, and he was holding meetings. The bench summoned Chief Minister Nawab Aslam Raisani and Home Minister Zafarullah Zehri for Thursday’s hearing to apprise the court over the law and order situation, and submit their written statements in the court.