21:09
Unknown
IN THE SUPREME COURT OF PAKISTAN
(Original Jurisdiction)
Present:
Mr. Justice Iftikhar Muhammad Chaudhry, CJ
Mr. Justice Gulzar Ahmed
Mr. Justice Sh. Azmat Saeed
CONSTITUTION PETITION NO.77 OF 2010
President Balochistan High Court Bar Association
vs.
Federation of Pakistan, etc.
AND
H.R.C.NO.13124-P/2011
(Application by Altaf Hassan Qureshi)
AND
H.R.C.NO.40403-P/2011
(Application by Syed Majeed Zaidi)
AND
H.R.C.NO.40220-G/2011
(News clipping)
AND
H.R.C.NO.43103-B/2011
(Application by Haji Abdul Qayyum)
AND
H.R.C.NO.17712-B/2012
(Application by Misbah Batool for recovery of her husband, Asif, FC Personnel)
AND
H.R.C.NOs.27045-K & 27619-G/12
(Abduction of Dr. Ghulam Rasool)
AND
H.R.C.NO.30044-B/2012
(Anonymous application against Police Officers)
AND
H.R.C.NO.30047-G/2012
(Application of Ms Zuhra Yousif, Chairperson HRCP)
AND
H.R.C.NO. 30711-B/2012
(Application for recovery of Habibullah Mujahid)
AND
H.R.C.NO.30713-B/2012
(Application of Syed Mumtaz Ahmed Shah, Chief Editor, Daily Mashriq)
AND
C.M.A.NOs.42-43 OF 2012
(Enquiry report of Kharootabad Incident)
AND
C.M.A.NO.178-Q OF 2012
(Appeal for missing persons cases of Balochistan)
AND
C.M.A.NO.219-Q OF 2012
(Application by Maj. (R) Nadir Ali)
AND
C.M.A.NO.431-Q OF 2012
(Target Killing of Mr. Zulfiqar Naqvi, ASJ)
AND
C.M.A.NO. 516-Q OF 2012
(Application by Mr. Nasrullah Baloch)
AND
SUO MOTU CASE NO.7 OF 2012
(Action taken on a news appeal regarding arrest of murderers of Mir Haqmal Khan Raeesani)
For the petitioner(s): Mr. Hadi Shakeel Ahmed, ASC; Mr. Kamran Murtaza, ASC; Malik Zahoor Shahwani, ASC/President Balochistan High Court Bar; Mr. Sajid Tareen, ASC/Sr. Vice President.
For Applicants/Complaints: Dr. Salah-ud-Din, ASC
(in CMA No.253-Q/12); Mr. Muhammad Riaz Ahmed, ASC ; (in SMC No.7/12)
For P.M.A: Mr. Baz Muhammad Kakar, ASC
Mr. Daud Kasi, ASC with Dr. Sultan Tareen, Dr. Malik Baloch & Dr. Ghulam Rasool ; (in CMAs No.524-Q & 4997/12)
Amicus Curiae: Mr. Rasheed A. Rizvi, Sr. ASC
For Federation of Pakistan: Mr. Shafi Muhammad Chandio, DAG
For Ministry of Interior: Brig. (r) Javed Iqbal Lodhi, DG, NCMC
For Ministry of Defence: Nemo
For Govt. of Balochistan: Mr. Shahid Hamid, Sr. ASC; Mr. Abdullah Kakar, ASC; Mr. Amanulah Kanrani, A.G. Balochistan.
M/s Babar Yaqool Fateh Muhammad, Chief Secretary, Saqib Javed, Additional Secretary (Home), Hamid Shakeel, DIG (Investigation), Feroze Shah, DIG (CID), Bashir Ahmed & Bilal Ahmed, DSPs.
For I.G., F.C.: Major Sohail, HQ, FC.
For F.B.R.: Dr. M. Shamim Rana, ASC
For Mobile Operators: Mr. Raza Kazim, Sr. ASC
For P.T.A.: Nemo
Date of Hearing: 05.12.2012
ORDER
On 12th October, 2012 a detailed interim order was passed after holding about 71 hearings of the titled cases. One of the observations, based on facts and circumstances with regard to the enforcement of fundamental rights by the Provincial Government with the assistance of the Federal Government, reads as under:-
“Unfortunately in the instant case Federal Government except deploying FC troops, has also failed to protect Province of Balochistan from internal disturbances. Similarly, as far as Provincial Government of Balochistan is concerned it had lost its constitutional authority to govern the Province because of violation of fundamental rights of the people of Pakistan.”
2. Subsequent thereto reports were filed by the Provincial and Federal Governments and the case was taken up on 2nd and 20th November, 2012. In the last mentioned order, the events/facts placed before this Court were elaborately noted and in concluding para, following order was passed:-
“In view of the above situation, learned counsel stated that some time be given to him so that he may discuss all these issues. We are accepting his request but in the meanwhile we issue directions to the Provincial Government through its Chief Secretary that the minimum performance they should show before the next date of hearing is that at least missing persons should be recovered without any discrimination as to which area of the Province they belonged. Similarly, efforts should be made to effect recovery of Munir Mirwani, Advocate, who is missing for the last about two years and Dr. Saeed Ahmed as early as possible. Reference of the same should be made in the report to be filed on or before the next date of hearing. The Secretary, Interior, is also directed to assist the Provincial Government in overcoming the situation in terms of Article 148(3) of the Constitution”.
3. It is to be noted that two reports, one on behalf of Provincial (CMA No.5030 of 2012) and the other by the Federal Government (CMA No.5031 of 2012) have been filed along with secret report pertaining to the events/steps which were taken for effecting recovery of Dr. Saeed Ahmed. Though the report has been termed as “Secret” but in our opinion it only contains ineffective efforts of police to recover him as ultimately Dr. Saeed Ahmed got himself released from the clutches of the kidnappers after paying ransom of Rs.9.5 million. However, we have returned the report to the learned counsel appearing for the Government of Balochistan (GOB). Another aspect of the case as has been pointed out by Mr. Baz Muhammad Khan Kakar, who has filed CMA No.4997 of 2012 on behalf of Doctors, is that the Doctors protested for want of security to themselves despite clear commitment made by the Secretary Health, GOB and during their protest they were involved in criminal cases and by imposing an order under section 144 Cr.P.C. they were not allowed to enter the hospitals. However, in all fairness, we have pointed out to the learned counsel that the Doctors undoubtedly have a legitimate cause for being provided security by the Provincial Government particularly in view of the commitment made before this Court during different hearings at Quetta, as at that time the Doctors had gone on strike but with the intervention of the Court, the strike was called of as assurance was given to them that they would be provided security yet common people should not be deprived of medical care. The learned counsel, however, stated that they have also been proceeded against departmentally and show-cause notices have been issued to them, followed by suspension orders. So much so some of the Doctors who were not even in Quetta and had not participated in any manner in the protest, have also been suspended and notices have been issued to them for vacating their official accommodations etc. Inter-alia prayer has been made for declaring the FIRs void, which have been registered and also issuing directions to the Government to reinstate the Doctors as they are willing and inclined to perform their duties. Being member of noble profession, they are fully aware of their duties and according to the learned counsel except lodging protest they had not gone on strike because they are aware of its implications. Be that as it may, learned counsel appearing for the Government of Balochistan assures that Doctors’ problem shall be settled amicably no sooner then the hearing of this case is over. Let notice of CMA No.4997/2012 be issued to the Government of Balochistan for the next date of hearing.
4. We have enquired from the learned counsel for GOB as to whether culprits involved in the case of Dr. Saeed Ahmed have been arrested. He pointed out that the actual accused so far are still at large but some of the persons for the purpose of interrogation are in the custody of the police. It is to be noted that during the last 2/3 months besides Dr. Saeed Ahmed, Dr. Ghulam Rasool was also abducted and he too got himself released after paying ransom of rupees one crore. Besides, so many other Doctors arranged their release from custody of kidnappers through their own efforts after paying ransom. Such a situation is self explanatory and no further elaboration or comment by the Court is necessary except observing that the duty to enforce fundamental rights including protecting the life and property of the citizens lies upon the shoulders of the executive Government, which is ruling the Province.
5. We had painfully noted in the concluding para of order dated 20.11.2012, that a minimum performance should be shown before the next date of hearing by at least effecting recovery of missing persons without any discrimination as to which area of the Province they belonged. The learned counsel for GOB states that Muhammad Bux has been found not to be missing while the two other persons namely, Samiullah and Din Muhammad have not been found to be missing persons by the learned High Court as they, after commission of crimes made good their escape. Be that as it may, in our opinion, such performance is not sufficient at all. The miseries of nears and dears ones of the missing persons, whose names are also available on our files, are increasing day by day. It may not be out of context to observe that in some of such cases, as per version of the reports as well as the PPO/Inspector General of Police, Balochistan, the FC Personnel’s are involved. In this behalf, there is sufficient material available in the shape of judicial inquiries like in the matter of Abdul Maalik and Bansra. In the case of Zafar Ullah, Zakir Majeed Baloch and Ali Hassan Maingal FIRs have also been registered. In respect of Mehran Baloch and Muhammad Khan Marri cases have been registered, the DIG, CID had been asked to conduct investigation in the matter and it has come on record during the hearing of the case that no progress has been made. At the cost of repetition, we may observe that it is the constitutional responsibility of the Executive Government to ensure protection of the life, failing which all the legal consequences under the law and the constitution are bound to follow sooner or later but at present it is a matter of the commitment and duty under the Constitution. If someone believes that by consuming more time in locating missing persons or failing to provide protection to the life and property of citizens, the problem will go away, he/they are mistaken and are doing so at their own risk and cost because as far as the law and the Constitution is concerned, it has its own way to proceed and get itself implemented in letter and spirit.
6. We have also noted that Mr. Shahid Hamid, learned counsel for GOB, had submitted a report, perusal whereof indicates that despite of lapse of time since the passing of the order dated 12th October, the Executive Authorities, both the Federal and the Provincial, have failed to ensure protection to the life and property of the citizens. It is informed by Malik Zahoor Shahwani, President, High Court Bar Association (petitioner) that after the hearing of 2nd November, according to his estimate more than 25 to 30 persons had been killed including the incident which took place at Khuzdar on 2nd November where 18-persons travelling in a Bus were fired upon and were killed. Subsequent thereto 5-persons belonging to Asnah Ashrah were killed. Similarly, Qazi Muhammad Jamil, an Advocate of Khuzdar was fired upon and he has been shifted to Karachi in a critical position. Advocates, Doctors, Engineers and common men do not feel themselves protected. So much so the people are not ready to travel on the highways unless security is provided to them particularly, the advocates who have to attend their cases in different places in the districts. We are also informed that despite the serious law and order situation prevailing in the Province, the Executive has failed to take any effective action such as the arrest of the accused persons actually involved in the commission of offences. Not a single one has been arrested, except such persons against whom no evidence is available, just to show progress and ultimately for want of evidence such persons are released from custody.
7. From the facts and circumstances, we are constrained to conclude that no improvement has been made except that some long term measures are being taken and in this context learned counsel for the GOB pointed out that efforts are being made to seek assistance of the NADRA for the purpose of causing arrest of the accused persons by obtaining the facility of establishing contact directly with NADRA instead of coming through the National Crises Management Cell (NCMC). He has also stated that efforts are being made for conducting a thorough scrutiny of the funds, which have been spent in the Province by making a request to the Auditor General. The Provincial or the Federal executive are free to do whatever they like because our concern in the instant case is enforcement of the Constitutional provisions. Learned Advocate General and leaned counsel for GOB stated that they would be addressing arguments before this Court about the constitutional position of the Provincial Government as according to them no review petition has been filed against the order dated 12.10.2012. On the last date of hearing i.e. 20th November, the learned counsel for GOB had also pointed out that during the Joint Parliamentary Group Meeting he informed them about the implications of the orders passed by this Court reference of which has been made in the order of 12th October, 2012. The relevant para of the said order is reproduced herein above. However, he stated that there are judgments that such an order can be passed. Be that as it may, the concerned authorities/executive, both Provincial and the Federal instead of arguing the case on these points, may consider the constitutional provisions for the purpose of remedying the situation, which is prevailing in the Province. We may make it clear that this Court had not expressed a single word in respect of Provincial Assembly. The order pertains to the Provincial Government and representative of the executives not to the legislature, who have lost their authority because of non-enforcement of fundamental rights of protection of the life and property of civilians and law enforcing agencies, details of which have also been discussed herein above, therefore, it is for them to enforce the Constitution according to its mandate.
8. A Resolution was passed by the Provincial Assembly on 04.12.2012, which is reproduced as under :- (Read Urdu text here)
9. Mr. Riaz Ahmad, learned counsel appearing for Mir Siraj Raeesani, stated that his son Mir Haqmal Khan Raeesani, was brutally murdered and despite the direction of this Court, no progress so far has been made. It is to be noted that on an earlier date of hearing we had also pointed out the lack of progress in this behalf to the executive but it seems that no progress has been made so far although a report has been submitted. The learned counsel stated that he would go through the report and would make submissions on the next date of hearing. We have returned the report and in the meanwhile DIG, CID to whom this case was entrusted should take interest to cause arrest of the accused. One Ali Muhammad Abu Turrab stated that his brother Habib Ullah Mujahid, Director of Jamia Salfia Residential College was abducted more than 5 months ago. The culprits are in contact and are demanding ransom. They at one time agreed to receive rupees sixty lac but thereafter backed out. All these facts have been brought in the notice of the police but no progress has been made. Inspector General of Police present in the Court is directed to take interest in these cases as well for effecting recovery.
10. Dr. M. Shamim Rana, learned counsel for the FBR stated that after the directions of this Court 626 vehicles, which were brought into Pakistan without custom duty, have been impounded so far. He requested for further time to accelerate the efforts. The learned counsel for the petitioner and the learned counsel appearing for the PMA stated that unregistered vehicles are being plied freely throughout the Province except Quetta where the owners of such vehicles have become careful and only take out such vehicles at a time when they feel no apprehension that their vehicles will be impounded. The Chairman, FBR is directed to instruct the Collectors (Customs), posted in Balochistan to accelerate their efforts throughout the Province instead of concentrating only on Quetta City as reportedly most of the vehicles are not custom paid and are being plied outside Quetta in different cities.
CMA No.2346 OF 2012
11. Mr. Raza Kazim, Sr. ASC, stated that his clients (Mobile Operators) have received letter dated 13th November, 2012, issued by the Director General (Enforcement), Pakistan Telecommunication Authority. Copy of the same shall be filed by him during course of the day. The learned counsel stated that order dated 21.05.2012, passed in this case is being implemented for the whole country although this Court had made a direction only for the Province of Balochistan. Notice be issued to the PTA, Advocate General, Balochistan as well as Inspector General of Police, Balochistan, for the next date of hearing.
12. Let the case be adjourned to a date after two weeks. On the next date, the case is likely to be heard at Quetta, subject to availability of the Bench.
CJ.
J.
J.
Islamabad
05.12.2012
(Original Jurisdiction)
Present:
Mr. Justice Iftikhar Muhammad Chaudhry, CJ
Mr. Justice Gulzar Ahmed
Mr. Justice Sh. Azmat Saeed
CONSTITUTION PETITION NO.77 OF 2010
President Balochistan High Court Bar Association
vs.
Federation of Pakistan, etc.
AND
H.R.C.NO.13124-P/2011
(Application by Altaf Hassan Qureshi)
AND
H.R.C.NO.40403-P/2011
(Application by Syed Majeed Zaidi)
AND
H.R.C.NO.40220-G/2011
(News clipping)
AND
H.R.C.NO.43103-B/2011
(Application by Haji Abdul Qayyum)
AND
H.R.C.NO.17712-B/2012
(Application by Misbah Batool for recovery of her husband, Asif, FC Personnel)
AND
H.R.C.NOs.27045-K & 27619-G/12
(Abduction of Dr. Ghulam Rasool)
AND
H.R.C.NO.30044-B/2012
(Anonymous application against Police Officers)
AND
H.R.C.NO.30047-G/2012
(Application of Ms Zuhra Yousif, Chairperson HRCP)
AND
H.R.C.NO. 30711-B/2012
(Application for recovery of Habibullah Mujahid)
AND
H.R.C.NO.30713-B/2012
(Application of Syed Mumtaz Ahmed Shah, Chief Editor, Daily Mashriq)
AND
C.M.A.NOs.42-43 OF 2012
(Enquiry report of Kharootabad Incident)
AND
C.M.A.NO.178-Q OF 2012
(Appeal for missing persons cases of Balochistan)
AND
C.M.A.NO.219-Q OF 2012
(Application by Maj. (R) Nadir Ali)
AND
C.M.A.NO.431-Q OF 2012
(Target Killing of Mr. Zulfiqar Naqvi, ASJ)
AND
C.M.A.NO. 516-Q OF 2012
(Application by Mr. Nasrullah Baloch)
AND
SUO MOTU CASE NO.7 OF 2012
(Action taken on a news appeal regarding arrest of murderers of Mir Haqmal Khan Raeesani)
For the petitioner(s): Mr. Hadi Shakeel Ahmed, ASC; Mr. Kamran Murtaza, ASC; Malik Zahoor Shahwani, ASC/President Balochistan High Court Bar; Mr. Sajid Tareen, ASC/Sr. Vice President.
For Applicants/Complaints: Dr. Salah-ud-Din, ASC
(in CMA No.253-Q/12); Mr. Muhammad Riaz Ahmed, ASC ; (in SMC No.7/12)
For P.M.A: Mr. Baz Muhammad Kakar, ASC
Mr. Daud Kasi, ASC with Dr. Sultan Tareen, Dr. Malik Baloch & Dr. Ghulam Rasool ; (in CMAs No.524-Q & 4997/12)
Amicus Curiae: Mr. Rasheed A. Rizvi, Sr. ASC
For Federation of Pakistan: Mr. Shafi Muhammad Chandio, DAG
For Ministry of Interior: Brig. (r) Javed Iqbal Lodhi, DG, NCMC
For Ministry of Defence: Nemo
For Govt. of Balochistan: Mr. Shahid Hamid, Sr. ASC; Mr. Abdullah Kakar, ASC; Mr. Amanulah Kanrani, A.G. Balochistan.
M/s Babar Yaqool Fateh Muhammad, Chief Secretary, Saqib Javed, Additional Secretary (Home), Hamid Shakeel, DIG (Investigation), Feroze Shah, DIG (CID), Bashir Ahmed & Bilal Ahmed, DSPs.
For I.G., F.C.: Major Sohail, HQ, FC.
For F.B.R.: Dr. M. Shamim Rana, ASC
For Mobile Operators: Mr. Raza Kazim, Sr. ASC
For P.T.A.: Nemo
Date of Hearing: 05.12.2012
ORDER
On 12th October, 2012 a detailed interim order was passed after holding about 71 hearings of the titled cases. One of the observations, based on facts and circumstances with regard to the enforcement of fundamental rights by the Provincial Government with the assistance of the Federal Government, reads as under:-
“Unfortunately in the instant case Federal Government except deploying FC troops, has also failed to protect Province of Balochistan from internal disturbances. Similarly, as far as Provincial Government of Balochistan is concerned it had lost its constitutional authority to govern the Province because of violation of fundamental rights of the people of Pakistan.”
2. Subsequent thereto reports were filed by the Provincial and Federal Governments and the case was taken up on 2nd and 20th November, 2012. In the last mentioned order, the events/facts placed before this Court were elaborately noted and in concluding para, following order was passed:-
“In view of the above situation, learned counsel stated that some time be given to him so that he may discuss all these issues. We are accepting his request but in the meanwhile we issue directions to the Provincial Government through its Chief Secretary that the minimum performance they should show before the next date of hearing is that at least missing persons should be recovered without any discrimination as to which area of the Province they belonged. Similarly, efforts should be made to effect recovery of Munir Mirwani, Advocate, who is missing for the last about two years and Dr. Saeed Ahmed as early as possible. Reference of the same should be made in the report to be filed on or before the next date of hearing. The Secretary, Interior, is also directed to assist the Provincial Government in overcoming the situation in terms of Article 148(3) of the Constitution”.
3. It is to be noted that two reports, one on behalf of Provincial (CMA No.5030 of 2012) and the other by the Federal Government (CMA No.5031 of 2012) have been filed along with secret report pertaining to the events/steps which were taken for effecting recovery of Dr. Saeed Ahmed. Though the report has been termed as “Secret” but in our opinion it only contains ineffective efforts of police to recover him as ultimately Dr. Saeed Ahmed got himself released from the clutches of the kidnappers after paying ransom of Rs.9.5 million. However, we have returned the report to the learned counsel appearing for the Government of Balochistan (GOB). Another aspect of the case as has been pointed out by Mr. Baz Muhammad Khan Kakar, who has filed CMA No.4997 of 2012 on behalf of Doctors, is that the Doctors protested for want of security to themselves despite clear commitment made by the Secretary Health, GOB and during their protest they were involved in criminal cases and by imposing an order under section 144 Cr.P.C. they were not allowed to enter the hospitals. However, in all fairness, we have pointed out to the learned counsel that the Doctors undoubtedly have a legitimate cause for being provided security by the Provincial Government particularly in view of the commitment made before this Court during different hearings at Quetta, as at that time the Doctors had gone on strike but with the intervention of the Court, the strike was called of as assurance was given to them that they would be provided security yet common people should not be deprived of medical care. The learned counsel, however, stated that they have also been proceeded against departmentally and show-cause notices have been issued to them, followed by suspension orders. So much so some of the Doctors who were not even in Quetta and had not participated in any manner in the protest, have also been suspended and notices have been issued to them for vacating their official accommodations etc. Inter-alia prayer has been made for declaring the FIRs void, which have been registered and also issuing directions to the Government to reinstate the Doctors as they are willing and inclined to perform their duties. Being member of noble profession, they are fully aware of their duties and according to the learned counsel except lodging protest they had not gone on strike because they are aware of its implications. Be that as it may, learned counsel appearing for the Government of Balochistan assures that Doctors’ problem shall be settled amicably no sooner then the hearing of this case is over. Let notice of CMA No.4997/2012 be issued to the Government of Balochistan for the next date of hearing.
4. We have enquired from the learned counsel for GOB as to whether culprits involved in the case of Dr. Saeed Ahmed have been arrested. He pointed out that the actual accused so far are still at large but some of the persons for the purpose of interrogation are in the custody of the police. It is to be noted that during the last 2/3 months besides Dr. Saeed Ahmed, Dr. Ghulam Rasool was also abducted and he too got himself released after paying ransom of rupees one crore. Besides, so many other Doctors arranged their release from custody of kidnappers through their own efforts after paying ransom. Such a situation is self explanatory and no further elaboration or comment by the Court is necessary except observing that the duty to enforce fundamental rights including protecting the life and property of the citizens lies upon the shoulders of the executive Government, which is ruling the Province.
5. We had painfully noted in the concluding para of order dated 20.11.2012, that a minimum performance should be shown before the next date of hearing by at least effecting recovery of missing persons without any discrimination as to which area of the Province they belonged. The learned counsel for GOB states that Muhammad Bux has been found not to be missing while the two other persons namely, Samiullah and Din Muhammad have not been found to be missing persons by the learned High Court as they, after commission of crimes made good their escape. Be that as it may, in our opinion, such performance is not sufficient at all. The miseries of nears and dears ones of the missing persons, whose names are also available on our files, are increasing day by day. It may not be out of context to observe that in some of such cases, as per version of the reports as well as the PPO/Inspector General of Police, Balochistan, the FC Personnel’s are involved. In this behalf, there is sufficient material available in the shape of judicial inquiries like in the matter of Abdul Maalik and Bansra. In the case of Zafar Ullah, Zakir Majeed Baloch and Ali Hassan Maingal FIRs have also been registered. In respect of Mehran Baloch and Muhammad Khan Marri cases have been registered, the DIG, CID had been asked to conduct investigation in the matter and it has come on record during the hearing of the case that no progress has been made. At the cost of repetition, we may observe that it is the constitutional responsibility of the Executive Government to ensure protection of the life, failing which all the legal consequences under the law and the constitution are bound to follow sooner or later but at present it is a matter of the commitment and duty under the Constitution. If someone believes that by consuming more time in locating missing persons or failing to provide protection to the life and property of citizens, the problem will go away, he/they are mistaken and are doing so at their own risk and cost because as far as the law and the Constitution is concerned, it has its own way to proceed and get itself implemented in letter and spirit.
6. We have also noted that Mr. Shahid Hamid, learned counsel for GOB, had submitted a report, perusal whereof indicates that despite of lapse of time since the passing of the order dated 12th October, the Executive Authorities, both the Federal and the Provincial, have failed to ensure protection to the life and property of the citizens. It is informed by Malik Zahoor Shahwani, President, High Court Bar Association (petitioner) that after the hearing of 2nd November, according to his estimate more than 25 to 30 persons had been killed including the incident which took place at Khuzdar on 2nd November where 18-persons travelling in a Bus were fired upon and were killed. Subsequent thereto 5-persons belonging to Asnah Ashrah were killed. Similarly, Qazi Muhammad Jamil, an Advocate of Khuzdar was fired upon and he has been shifted to Karachi in a critical position. Advocates, Doctors, Engineers and common men do not feel themselves protected. So much so the people are not ready to travel on the highways unless security is provided to them particularly, the advocates who have to attend their cases in different places in the districts. We are also informed that despite the serious law and order situation prevailing in the Province, the Executive has failed to take any effective action such as the arrest of the accused persons actually involved in the commission of offences. Not a single one has been arrested, except such persons against whom no evidence is available, just to show progress and ultimately for want of evidence such persons are released from custody.
7. From the facts and circumstances, we are constrained to conclude that no improvement has been made except that some long term measures are being taken and in this context learned counsel for the GOB pointed out that efforts are being made to seek assistance of the NADRA for the purpose of causing arrest of the accused persons by obtaining the facility of establishing contact directly with NADRA instead of coming through the National Crises Management Cell (NCMC). He has also stated that efforts are being made for conducting a thorough scrutiny of the funds, which have been spent in the Province by making a request to the Auditor General. The Provincial or the Federal executive are free to do whatever they like because our concern in the instant case is enforcement of the Constitutional provisions. Learned Advocate General and leaned counsel for GOB stated that they would be addressing arguments before this Court about the constitutional position of the Provincial Government as according to them no review petition has been filed against the order dated 12.10.2012. On the last date of hearing i.e. 20th November, the learned counsel for GOB had also pointed out that during the Joint Parliamentary Group Meeting he informed them about the implications of the orders passed by this Court reference of which has been made in the order of 12th October, 2012. The relevant para of the said order is reproduced herein above. However, he stated that there are judgments that such an order can be passed. Be that as it may, the concerned authorities/executive, both Provincial and the Federal instead of arguing the case on these points, may consider the constitutional provisions for the purpose of remedying the situation, which is prevailing in the Province. We may make it clear that this Court had not expressed a single word in respect of Provincial Assembly. The order pertains to the Provincial Government and representative of the executives not to the legislature, who have lost their authority because of non-enforcement of fundamental rights of protection of the life and property of civilians and law enforcing agencies, details of which have also been discussed herein above, therefore, it is for them to enforce the Constitution according to its mandate.
8. A Resolution was passed by the Provincial Assembly on 04.12.2012, which is reproduced as under :- (Read Urdu text here)
9. Mr. Riaz Ahmad, learned counsel appearing for Mir Siraj Raeesani, stated that his son Mir Haqmal Khan Raeesani, was brutally murdered and despite the direction of this Court, no progress so far has been made. It is to be noted that on an earlier date of hearing we had also pointed out the lack of progress in this behalf to the executive but it seems that no progress has been made so far although a report has been submitted. The learned counsel stated that he would go through the report and would make submissions on the next date of hearing. We have returned the report and in the meanwhile DIG, CID to whom this case was entrusted should take interest to cause arrest of the accused. One Ali Muhammad Abu Turrab stated that his brother Habib Ullah Mujahid, Director of Jamia Salfia Residential College was abducted more than 5 months ago. The culprits are in contact and are demanding ransom. They at one time agreed to receive rupees sixty lac but thereafter backed out. All these facts have been brought in the notice of the police but no progress has been made. Inspector General of Police present in the Court is directed to take interest in these cases as well for effecting recovery.
10. Dr. M. Shamim Rana, learned counsel for the FBR stated that after the directions of this Court 626 vehicles, which were brought into Pakistan without custom duty, have been impounded so far. He requested for further time to accelerate the efforts. The learned counsel for the petitioner and the learned counsel appearing for the PMA stated that unregistered vehicles are being plied freely throughout the Province except Quetta where the owners of such vehicles have become careful and only take out such vehicles at a time when they feel no apprehension that their vehicles will be impounded. The Chairman, FBR is directed to instruct the Collectors (Customs), posted in Balochistan to accelerate their efforts throughout the Province instead of concentrating only on Quetta City as reportedly most of the vehicles are not custom paid and are being plied outside Quetta in different cities.
CMA No.2346 OF 2012
11. Mr. Raza Kazim, Sr. ASC, stated that his clients (Mobile Operators) have received letter dated 13th November, 2012, issued by the Director General (Enforcement), Pakistan Telecommunication Authority. Copy of the same shall be filed by him during course of the day. The learned counsel stated that order dated 21.05.2012, passed in this case is being implemented for the whole country although this Court had made a direction only for the Province of Balochistan. Notice be issued to the PTA, Advocate General, Balochistan as well as Inspector General of Police, Balochistan, for the next date of hearing.
12. Let the case be adjourned to a date after two weeks. On the next date, the case is likely to be heard at Quetta, subject to availability of the Bench.
CJ.
J.
J.
Islamabad
05.12.2012
Posted in: Islamabad
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