Establish writ in Swat: SC

ISLAMABAD - Supreme Court of Pakistan during the hearing of girls flogging case on Monday directed the Federal Interior Secretary and other high officials of NWFP government to submit a report after every 15 days in the chamber of the Chief Justice about the developments in investigations on the subject. This was the first hearing about the matter after the Chief Justice took suo motu notice of the incident shown in video footage screened by television channels. The bench observed that a thorough inquiry was required and the investigation team, besides examining different aspects of the case, should also examine notables of the area because according to the statement of Chand Bibi, the alleged victim, and her husband, no such incident had taken place. Therefore, possibility couldnt be ruled out that some fake CD or material with ulterior motives had been prepared in order to unnecessarily malign the people of Swat, who now were demanding application of Sharia laws in that area, the bench further observed. The hearing adjourned here till sine die. Federal Interior Secretary, NWFP IG, Attorney General (AG) and other high officials appeared before the eight-member bench of the Supreme Court headed by Chief Justice Iftikhar Muhammad Chaudhry. The eight-member bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Javed Iqbal, Justice Sardar Muhammad Raza Khan, Justice Khalilur Rehman Ramday, Justice Faqir Muhammad Khokhar, Justice Mian Shakirullah Jan, Justice Raja Fayyaz Ahmed and Justice Chaudhry Ijaz Ahmed turned down the request of Attorney General (AG) Latif Khosa seeking a closed-door hearing of the case due to its sensitive nature. Rejecting the request of the AG for an in-camera trial, the Supreme Court remarked that the flogging was made known through the media and the facts needed to be brought before the public. We have to take care of human dignity, the CJ said. The AG informed the court that there were two incidents of flogging and one of which was a bogus incident. He said there was need to probe as to when and where the incident (presented on electronic media) took place and who were involved in it. The court was informed that another alleged incident of flogging of one woman Meraj Bibi was reported from the region Swat. The NWFP government functionaries could not produce the victim girl before the court, while the eight-member bench also rejected the confidential report presented by Chief Secretary NWFP with the remarks that no confidential report was required and said that all facts should be revealed. The court was told that a team of two high officials comprising Commissioner Malakand Syed Mohammad Javed and a senior judge had visited Kala village situated in the far-off area of tehsil Kabal and recorded the statement of the girl and her husband, in which they completely denied the incident. The girl Chand Bibi and her husband Adalat Khan in the statement also said that they couldnt appear before the court, as it would be against their traditions. The NWFP IG in his statement drew the attention of the court to the fact that police had no access to several areas in Swat. To this, the bench remarked, Your statement is tantamount to laying arms. The NWFP IG told the court that an FIR had been registered against unidentified persons and an investigation team headed by DIG had been formed to probe into the matter. The court expressed its dismay over the performance of Secretary Interior Kamal Shah. Except arresting judges, do you do any other duty? Justice Khalilur Rehman Ramday asked the Secretary Interior. The CJ who took Suo motu notice of the incident last week expressed displeasure over not properly preparing the First Information Report (FIR) of the issue. Expressing dissatisfaction over the report, the CJ observed the person who had prepared it deserved to be sent home. It is not the duty of courts to shake the police out of their slumber and remind them of their responsibilities, he said. It is the responsibility of the court to streamline the existing law and ensure its implementation, he added. President Peshawar High Court Bar Association Latif Afridi said that there was no writ of the government in swat. Out of 1,600 police officials only 700 are working, he said. He said that despite military operation the government had opted to surrender in Swat. Earlier, the AG informed that the writ of the government was no more in Swat and it was difficult to investigate into the matter. Agencies add: The government officials, whom Chaudhry ordered to bring the woman before court Monday, instead submitted a written statement they said they recorded from her and her husband denying that they were flogged. The woman, named in the statement as Chand Bibi, expressed unwillingness to appear before court in the presence of media. The details of her alleged crime were confused, but residents of Kala Killey village in the Swat valley said the woman was accused of illicit relations with an electrician and forced to marry him. Possibility cannot be ruled out that a fake TV material or a video had been prepared with an ulterior motive to malign people of Swat, said Chaudhry. If there is any unlawful order, or provisions of constitution dealing with dignity of human beings are violated, action is required to be taken, he said. You have to establish the writ of the government, the Chief Justice observed.

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