The Constitution of Pakistan, 1973 Developed by Zain Sheikh

IN THE SUPREME COURT OF PAKISTAN
(Original Jurisdiction)

PRESENT

Mr. Justice Iftikhar Muhammad Chaudhry, CJ 
Mr. Justice Jawwad S. Khawaja 
Mr. Justice Khilji Arif Hussain 

CONSTITUTION PETITION No. 77 OF 2010, etc.

President Balochistan High Court Bar Association … PETITIONER

VERSUS

Federation of Pakistan, etc. … RESPONDENTS

For the petitioner(s) Mr. Sajid Tareen, Advocate/Vice President Balochistan High Court Bar

For the applicants: Dr. Salahuddin Mengal, ASC (in CMA 253-Q/2012)
Mr. Nasarullah Baloch (CMA 178-Q/2012)
Mr. Mahmood A. Sheikh, AOR
Ms. Tehniat Zahra, Adv./Member PIHRO (CMA 3966/2012)

For SCBAP: Nemo.

For Fed. of Pakistan: Mr. Irfan Qadir, Attorney General for Pakistan

For M/o Defence: Commander Hussain Shahbaz, Dir(L)

For M/o Interior: Mr. Munir Piracha, ASC
Mr. Masoodur Rehman Tanoli, Dir. NCMC

For Govt. of Balochistan: Mr. Amanulah Kanrani, A.G.
Mr. Azam Khatak, A.A.G.
Mr. Babar Yaqoob Fateh Muhammad
Chief Secretary Balochistan

For IG FC: Mr. Tariq Umar Khattab, IGP
Raja Muhammad Irshad, Sr. ASC

For FBR: Rana M. Shamim, ASC

Date of hearing : 28.09.2012

O R D E R

IFTIKHAR MUHAMMAD CHAUDHRY, CJ. On 27.09.2012, Sardar Akhtar Jan Mengal, pursuant to his request to appear before the Court in CMA No. 190-Q/2012 appeared in the company of as many as 56 persons, namely, M/S Dr. Janzaib Jamaldini, Arbab Nawaz Kasi, Malik Naseer Ahmed, Malik Wali Kakar, Nizam Rind, Akbar Mengal, Rauf Mughal, Mir Aman Ullah Zehri, Agha Mussa Jan, Sana Baloch, Javed Baloch, Nazeer Ahmed Baloch, Abdul Salam, Sameen Jan, Samiullah, Akhter Hussain Langoue, Sardar Naseer Mosiani, Mohammad Kareem, Arbab Mir Nawaz Mengal, Taj Mohammad, Zulfiqar, Imran Bangulzai, Manzoor Baloch, Changaiz Khan, Ghulam Farooq, Ghulam Rasool, Haji Ibrahim, Agha Shah Khalid, Shaukat, Agha Hassan Baloch, Sami Ullah, Zahid Shah, Muhammad Yaqoob, Zahoor Ahmad, Jabbar, M. Sadiq, Mohyuddin Baloch, Hafeez, Dr. Kaleem, Nazeer Lehri, Haq Nawaz Buzdar, Wedara Guzdar Khetran, Ahmed Baloch, Shey Hyder, Noor Ahmed Mengal, Begum Rehana Yehya, Takari Mir Mohammad, M. Qasim Ranjo, Haji Wazeer Khan Mengal, Saeed Ahmed Mengal, Shahid Rind and Abdul Sadiq. Sardar Akhtar Jan Mengal addressed the Court contents whereof have been reduced to writing which read as under: –

He has also filed a statement in writing, reference of which finds mention in yesterday’s order, and a Para therefrom was also reproduced therein. The Chief Secretary, Government of Balochistan was directed to convey above statement to President, Prime Minister, etc., for filing of their reaction.

2. The Chief Secretary conveyed the contents of the order dated 27.09.2012 and it appears that in pursuance thereof, a meeting was held, which was attended by the participants included the following namely: –

1. Minister Defence

2. Chief of Army Staff

3. Minister Information

4. Minister Postal Services

5. Secretary Defence

6. D.G ISI

7. Principal Secretary to Prime Minister

8. Chief Secretary Balochistan

3.  In one of the Paras of the minutes of the said meeting, a conditional statement has been made to the effect that “… … the concerns, if any, of the inhabitants of Balochistan … … ” will be addressed, which, prima facie, seems to be incorrect, inasmuch as on the basis of the orders passed by this Court from time to time during hearing of the case, one feels no difficulty in concluding that the inhabitants of Balochistan do have grave concerns about the law and order situation prevailing over there, which will be discussed later on. However, for the purpose of today’s hearing, reaction submitted by the Federal Government is reproduced herein below:-
“The measures which has been suggested by Sardar Akhtar Jan Mengal in a statement before this Hon’ble Court for building a conducive atmosphere for the Balochistan reconciliation process as claim by him are answered hereunder after consultation with the concerned authorities as desired vide order dated 27th September 2012, with the observation that the government is on record making statement that the genuine concerns of any person irrespective of the fact he or she, is a resident of Balochistan, must be met so as to bring harmony and peace in a coexisting living of all citizen of Pakistan.

(i) No covert and overt military operation is being carried out in Balochistan by the armed forces.

(ii) No person alleged to be missing is in the custody or under detention of any law enforcing authorities or any other agency of Pakistan. Despite this all out efforts are being made to find out the whereabouts of the persons who are alleged to be missing. In this regard detailed statements and affidavit has already been filed on record of the court.

(iii) No proxy death squads are operating under the supervision of ISI and MI. In this regard Secretary Defence has already filed a affidavit.

(iv) The government has always belived that all the political parties in Balochistan should participate in political activities without any interference from any quarter. In this regard any concern by any person whomsoever shall be addressed so that the forthcoming election should take place in a transparent manner through participation of all political parties.

(v) Lodging of FIR has been ordered by the government and JITs for conducting the investigation have also been constituted and recently the Government of Balochistan has approved a compensation policy for the legal heirs of deceased persons.

(vi) Government makes a commitment to settle the displaced persons, if any, to the satisfaction of all concerned.

Chief Secretary

Balochistan”

4. The Chief Secretary of Government of Balochistan is required to hand over copies of the aforesaid reaction to the learned counsel for the petitioners as well as Mr. Sajid Tareen, Advocate, Balochistan High Court Bar Association, Mr. Yasin Azad, President, Supreme Court Bar Association and all other persons, who are parties to this petition. On receipt of their replies and reactions, they may file reply on or before the next date of hearing.

5. To enforce Fundamental Rights guaranteed under the Constitution, it is the duty of all citizens, including political workers, members of the civil society and media personnel are to make their positive contribution, so that the life, liberty, property and dignity of the citizens living over there are protected and secured as per mandate of the Constitution.

6. We will commence further hearing of the case at Quetta w.e.f. 08.10.2012. However, if need be, the Court may consider with the assistance of the learned counsel for the petitioners, the learned Attorney General for Pakistan, the learned Advocate General Balochistan and other parties as well as amicus curiae which has already been appointed to conclude the case, or if need be, to continue further hearing at Islamabad or at Quetta because after appearance of the head of one of the political parties before the Court, who is undoubtedly a key figure in Balochistan, we are confident that all out efforts will be made to address the concerns and grievances of the persons whose relatives have gone missing, or have been abducted for ransom or have been murdered and their dead bodies have been found in a mutilated conditions.

7. On 20.09.2012, we had directed the concerned functionaries who had signed the statement dated 31.07.2012 to submit weekly reports, which so far have not been received, therefore, they are again directed to do the needful, and file such reports before the next date of hearing, and continue to do so in future as well on weekly basis.

CHIEF JUSTICE

JUDGE

JUDGE
Islamabad, 28th September, 2012
Approved for reporting