QUETTA - Expressing resentment over the lack of progress in the recovery of missing person, the Supreme Court on Wednesday sought complete details of the bodies recovered from different parts of Balochistan.
A three-judge bench - comprising the chief justice Iftikhar Muhammad Chaudhry, Justice Jawwad S Khawaja and Justice Khilji Arif Hussain – is hearing a petition on the law and order situation and human rights violations in the province at the Quetta Registry of Supreme Court.
The court was annoyed over non-production of 14 missing persons, who were allegedly picked up from the Tutak area of Khuzdar district by Frontier Corps (FC) in the beginning of 2011 and asked why they were not produced before the bench despite the evidences.
On this, Raja Irshad, the counsel for the FC, out-rightly said none of the missing persons was in the custody of FC, adding that the FC would carry out investigation into the matter. But Justice Jawwad said, “We are sitting here to investigate the matter.”
However, Raja Irshad told the bench that it was not their job, to which the chief justice and Justice Jawwad said, “We know our constitutional mandate and responsibilities, you should not tell us what we have to do.”
Justice Khawaja said they wanted honourable solution to resolve the issue of missing persons, but the court orders were not being implemented.
”Don’t open our mouth about the matter which are happening in this part of country as if we uttered something it would create problems for you,” Chief
Justice Iftikhar said, adding, “If we reached on a conclusion at the Supreme Court level then you should have to produce these missing persons, otherwise, we will issue orders and you have to face the consequences.”
Justice Jawwad told the FC counsel that it would be better if these affairs should not be brought at that stage. He said if they failed take notice of the deviation from the Constitution, the court would act to bring the things back on to the track, as it was their constitutional responsibility.
The chief justice said the missing persons of Tutak should be produced; otherwise, the FC commander, who was serving in the area at the time of the incident, must be brought before the court.
“If these people are miscreants then they must be tried in courts of law. We have not asked for releasing those people who are involved in crimes,” he added.
Raja Irshad said the FC was an important institution of the county which was protecting the lives and properties of the people of Balochistan and it was working in accordance with the Constitution, adding that it was not its job to pick up people and throw away their bodies.
On this, Justice Khilji Arif Hussain asked about the reason why the FC was being blamed for picking up of every third missing person.
The FC counsel replied there was unrest in Balochistan and the separatists and miscreants who were defaming FC by targeting its people.
The bench ordered that the missing persons of Tutak should be produced before the court by Thursday or FC’s commander of that time along with all records should be produced before the court. “We will also examine that if the deputy Commissioner or tehsildar of that period had demonstrated any negligence and action would also be taken against them.”
Justice Jawwad said political will having administrative backing would resolve the issues of Balochistan.
The chief justice expressed his serious resentment when he was informed that the dead body of a missing person, Abdul Quddoos who went missing form Khuzdar, had been recovered.
The court inquired the police officials that have they ever investigated who was kidnapping the youth and throwing their bodies and why they were being killed.
After not getting satisfactory answer, the chief justice directed the home secretary for producing the detail of all the recovered bodies.
The uncle of another missing person, Dr Ghulam Sarwar, told the bench that his nephew Zafarullah was picked along with him from Dasht in a FC raid, adding that a helicopter was also used in the action.
“I was released after 13 days, but Zafarullah is still missing,” Sarwar told the court.
The court directed FC’s counsel to produce Zafarullah and if he was not produced bring all concerned records of FC personnel who had taken part in the raid.
The judges were irritated while hearing application regarding the missing of two persons, including Kaho Khan, from Dera Bugti.
The lawyers assisting the bench, including Hadi Shakeel and Sajid Tareen, said Dera Bugti had become a no go area and nobody could freely move there.
Shakeel said the son of Nawabzada Talal Akbar Bugti wanted to go Dera Bugti but he was not allowed. “I was the lawyer of family of Nawab Bugti but could not visit Dera Bugti go to register the FIR of Nawab Bugti murder case and it became possible only when a lawyer was given heavy security by the Home Department,” he added.
The chief justice noted, “If you make Dera Bugti a no-go area, then surely the hatred will increase.”
The Dera Bugti DC Bugti said he had been serving in the area for past two years and it was not a no-go area, which prompted the CJP to ask him to bring the two missing persons to prove his influence. However, the DC replied in negative.
The chief justice ordered for the recovery of Kaho Khan besides asking for presenting orders before the court under which Dera Bugti had been handed over to the FC.