ISLAMABAD - Rejecting the federal and provincial governments’ requests to withdraw its October 12 interim order in Balochistan law and order case, the Supreme Court Friday decided to keep it intact.
Chief Justice Iftikhar Muhammad Chaudhry said that the order is intact and the provincial government would be responsible for whatever was happening there, as no one is safe and protected. He asked the authorities to improve the security in the restive province and recover the missing persons.
The court in its October 12, 2012 interim order held that the federal government, except for deploying FC troops, has failed to protect Balochistan from internal disturbances. As far as the provincial government is concerned, it had lost its constitutional authority to govern Balochistan because of violation of fundamental rights of the people.
A two-member bench comprising the chief justice and Justice Jawwad S Khawaja heard the Balochistan case on Friday. Around 60 MPs of the Balochistan Provincial Assembly, including Chief Minister Nawab Aslam Raisani and provincial ministers, were present in the courtroom. The court directed the Balochistan chief secretary and the federal interior sectary to keep on sending the fortnightly reports to the court.
During the proceedings Balochistan Advocate General Amanullah Kanrani adopted aggressive attitude and argued in loud voice. The chief justice remarked that the law officer was speaking louder than usual because the chief minister was present in the court. The CJ warned Kanrani against point-scoring, telling him not to worry about his job saying, “Your job would not go”.
The advocate general asked the court to defer its interim order arguing that there was a constitutional problem. Justice Jawwad remarked that constitutional breakdown comes when constitution is not followed. Attorney General (AG) Irfran Qadir, who is infamous for disregarding the court decorum, behaved as usual and he, instead of arguing on legal points, said that the court has no jurisdiction to pass such order.
The AG on behalf of the interior secretary filed a reply and read its contents in the open court. The court expressing its displeasure over the report said it was totally irrelevant as it does not contain even a single word about the Balochistan law and order situation.
At the onset of the hearing, the chief justice inquired from Advocate General Amanullah Kanrani that under what constitutional authority the provincial government was discharging its functions. The CJP reminded him that he had sought time until Friday for submitting his reply. Kanrani, instead of submitting reply, said that the disorder in the province started after the murder of Nawab Akbar Bugti and, as such, the assassins of Akbar Bugti were responsible for the turmoil in Balochistan.
He said it has also been said in the court order that the turmoil started since 2006, and if nothing could be done in twelve years, what could happen in two years. He maintained that the general elections were going to be held within two months therefore the court should suspend its interim order. He also said that the order is not conclusive as the words “appears to be” have been used in it.
The chief justice said “today’s is the 71 hearing on the issue” and at each hearing they asked the authorities to take steps for controlling the law and order situation but they did not comply the court directions, and therefore they (judges) were left with no option but to pass the interim order.

In an interesting dialogue between the chief justice and Interior Minister Rehman Malik, the CJP said: “While sitting in Islamabad we could not realise the gravity of the Balochistan situation (and do nothing) except filing documents.” Rehman Malik responded that it was a wrong perception that people’s lives are not safe in Balochistan. The chief justice asked him if he could go with him to Balochistan without security.
The CJP said Balochistan is not just Quetta and pointed out that the Hindus are migrating from Kalat and Hazara people are being killed in broad day light. The chief minister’s own nephew has been assassinated but still his killers could not be arrested, he said. Similarly, there were incidents of firing on provincial governor, he added.
The CJP said that the attorney general during the hearing in Quetta came to court twice only when they passed coercive orders. He said there should be moments in life when one must accept the bitter reality. The CJP asked the minister that why did not the government accept reality and find out solution to the problem.
Malik said there is insurgency in Balochistan and miscreants come from outside, commit crime in the province and then go back. He said that as per the record, 36 persons were missing in Balochistan. The chief justice said the government has helicopters and sophisticated equipment then why it had failed to stop infiltration? The chief justice dispelled the impression that there was an insurgency, saying the bad law and order situation was due to lack of good governance.
The CJP said that the police report itself says that FC men are involved in crimes, while the provincial minister and an MNA have expressed reservation about the law and order situation. The minister claimed that BLA, Taliban and Jundala were responsible for the bad situation in Balochistan. The chief justice asked him to tell the court about a single case where BLA, Taliban and Jundala men have been arrested.
Malik said that he wanted to brief the court about the law and order situation of Balochistan. Justice Jawwad said President Zardari has rightly said: “We don’t want briefing; we want action.” He said the minister could be given time if he would fulfil the four objectives mentioned in the order. The interior minister said that the reply submitted in the court by the AG was not shown to him.
The honourable judge said that according to Balochistan police reports 432 people, including FC and police personnel, were killed in 1800 incidents but not a single person could be arrested. Malik said that due to the court and “us” (the government) there is democracy in the country. The chief justice said that the democracy did not mean that the government should remain silent when people are being killed.
Malik maintained that after the 18th Amendment the provincial government was responsible for the law and order in the province and the interior ministry only provides it logistics support. He, however, promised that he would comply with the court order. The court on the requests of interior minister and Balochistan advocate general adjourned the case until November 20. The advocate general informed the court in writing that the provincial government intends to engage private counsel.
According to the reply submitted by Interior Secretary K M Siddiq Akbar, it was only the federal government that was competent and has the requisite jurisdiction to decide what was in the best interest of the province. Similarly, the determination of the legitimacy of a provincial government was again a domain of President under Article 232 and 234 of the constitution, it added.
The reply further stated that apart from the law and order, there were political considerations, which should weigh heavily before arriving at a decision for disposal of provincial government. The government would not like to taint or tarnish its fair image by invoking its powers to pack up a provincial government and send it home “on a limited local issue of discontentment and dissatisfaction of some so-called nationalist elements”, it added.
It also said that the schools and hospitals are functioning, while the police were performing its duty, besides the fact they have been mauled and maligned. “We should take a leaf from Indian experience where in the states like Kashmir, East Punjab, Nagaland, Asam and Mizoram armed insurgency and partial breakdown of the government machinery took place for a number of years; still democracy and successive elections afforded the people and the government a good chance to overcome their difficulties and defeat the militants.” The report said that despite the problems the government in pursuance of the court order had taken measure to control to the law and order situation in Balochistan.

SC keeps Balochistan order intact