Supreme Court tells FC general to recover 30 missing persons

QUETTA - Chief Justice Iftikhar Muhammad Chaudhry on Friday said there was enough evidence against the Frontier Corps (FC) for its involvement in whisking away the missing persons in the province and ordered the FC inspector general (IG) to produce them before the court within 10 days.The chief justice issued the orders while heading a three-member bench which was hearing a case regarding the missing persons and deteriorating law and order situation in Balochistan at the Quetta Registry. Other two members of the bench are Justice Jawwad S Khawaja and Justice Khilji Arif Hussain.The chief justice ordered FC IG Major-Gen Obaidullah Khattak, who appeared before the court, to produce 30 persons, his force has picked up in three cases (Totak, Wadh and Nushki) on the next hearing (July 24) as there was strong evidence against the FC. He added that that it was his (FC IG) responsibility to comply with the court orders and ensure the recovery of missing persons and produce them before the court.The chief justice told the FC IG the report prepared by a session judge stated that Abdul Malik was picked by FC personnel and the commandant in Chagai was accused in the case; therefore, he should explain the matter himself. On this, Khattak said the FC had not detained any missing person and the people arrested in a raid on a farrari camp in Totak were later handed over to police.However, the court rejected the statement and remarked the account was unacceptable to the court in the wake of evidences available against the FC.At one point, Justice Khawaja argued with IGFC, saying, “Contrary to the FIR the FC people had lodged that an encounter took place and two miscreants were killed, the medical report clearly mentioned that they were killed with the bullets fired from a close range”. He said these things could not be ignored and the rogue elements in the force, if any, should be exposed.The chief justice said, “The FC comes in aid of the civil administration for the restoration of law and order, but if its personnel cross the limits, violating law and the Constitution, the responsibility lies with you (FC IG).”He asked Khattak, “Do you want that your officers appear before the court and face the trial in the missing persons cases.”The FC chief assured the court that the sample the court had drawn in some of the cases concerning missing persons was a starting point for him and he would fully cooperate in the matter.Chief Justice Iftikhar after listening to the arguments presented by Khattak warned him, “Do not take us to the point of no return when the law takes its due course and a confrontation may start between the institutions.” “The court has so far been demonstrating restraint over the human rights violations in Balochistan and avoiding passing an order that may create complications for the institutions,” he remarked.Pointing towards a petitioner, the chief justice said, “Look at that person whose three sons are missing and his wife says she begs for the youngest child.”He assured Khattak of stern action against miscreants. “The court will not spare those who committed any crime, but they have to be produced before the court.” Justice Khilji said, “The court holds due regards for the forces as their personnel have been making sacrifices, but the violations of Constitution and law are unacceptable.”In Mehran Baloch case, the chief justice said a CCTV footage was produced before the court, showing the FC personnel picking up a person. “We (court) do not want the FC officers are arrested, which defames the force and causes demoralisation for the force in general.”Earlier, while hearing the case of two missing persons Kaho Khan and Basra, the court asked several questions to the Balochistan home secretary about the situation in Dera Bugti.Hadi Shakeel Ahmed Advocate, who was assisting the court, said according to the tribal culture, if there was strife between two tribes and any third tribe became a party, it would not be armed.At this, the home secretary said the tribalism and tribal traditions did not exist anymore rather there was now extremism and they did not believe in traditions.Hadi Shakeel said the government was responsible for the situation, if tribal traditions had become redundant.On this, Chief Justice said, “We want complete implementation of Constitution in Dera Bugti. We are here and shouting so that the writ of constitution and civilian government could be restored.”He said unrest gripped Dera Bugti after the martyrdom of Nawab Akbar Khan Bugti and the situation would have not been so grim, if he was not martyred.Justice Khilji said how elections could be held in Dera Bugti, as the Home Department’s record showed that the half of population of the area had migrated from there.“It means that the people who have left Dera Bugti don’t have trust in you,” Justice Khilji told the home secretary.The CJP said they only want to restore the writ of Constitution in Dera Bugti. “If you cannot do it then we will appoint a representative of Supreme Court to restore the implementation of Constitution,” he remarked.The court directed the provincial government to constitute a committee comprising members of lawyers, civil society and media that would visit Dera Bugti and present a report, after which a precise and the court was going to pass appropriate orders.The court also gave more time to the Dera Bugti deputy commissioner to produce the two missing persons.

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