Justice Javed Iqbal of Supreme Court observed here on Wednesday that "the system is on the verge of collapse and intervention is required." He lamented that if the court intervened, it was accused of trespassing another's jurisdiction. Justice Javed Iqbal made these remarks while hearing the case of Mustafa Azam of Karachi.
He was arrested by the Frontier Corps (FC) for his alleged role in Hayatabad, Peshawar, blast on October 24. However, he was released after 15 minutes of the arrest for a lack of proof against him. A three-member bench of the apex court, comprising Justice Javed Iqbal, Justice Raja Fayyaz Ahmed and Justice Sair Ali, is hearing appeals of families of the missing persons.
When informed that Major Ibrahim had conceded that Mustafa Azam was arrested by the FC and later released, the court observed that the FC had no right to arrest or detain any person. "Whenever there is a case of any missing person, the name of some Brigadier or Major also surfaces. Who has authorised them to pick up people?" he asked. Attorney General Anwer Mansoor Khan told the court that Azam was released a few days back.
However, the court directed the FC Inspector General and Major Ibrahim to appear in person before the court and explain the matter, and observed that there was proof of Azam's arrest, but not of his release. "There should be some legal framework. The Ministry of Interior should accept that the police has failed to perform its duties, which is why the authority has been ceded to the FC," Justice Javed Iqbal added.
Justice Raja Fayyaz observed that the country was in the grip of a reign of terror akin to what happened in Germany when the Gestapo held sway. "Anyone can enter a house and pick anyone up. Where is the enforcement of law?" "We have to draw a line, judges are performing the job of SHOs," he added.
Meanwhile, the court directed CCPO of Karachi Waseem Ahmed to submit a detailed report regarding 21 Muttahida Qaumi Movement (MQM) members who went missing from 1992 to 1996. The court suggested that as the MQM was in power, it should present the matter before the parliament for legislation.
Chairperson of Human Rights Commission of Pakistan (HRCP) Asma Jehangir said that it was the duty of a democratic government to protect its citizens, and demanded the establishment of a commission to look into the matter and proceed against those responsible and to determine ways to compensate the victims.
Asma Jehangir apprised the bench that a total of 198 people were missing - 66 from Balochistan, 13 from NWFP, 12 from Sindh, seven from Punjab and one foreigner of Norwegian nationality (Ahsanullah Arjumendi). Out of these, 99 have been traced, whereas 99 others are still missing, she added. She said that 35 people went missing in 2005; 92 in 2006; two in 2007, (due to the intervention of the court), none in 2008 and 31 in 2009 during the tenure of present government.
The court lauded the suggestion, and directed the AG to furnish details regarding the 31 persons, who went missing during 2009. The court questioned why Jehangir assumed that Arjumendi was picked up by the security agencies, adding that according to records, he was not Norwegian but an Iranian.
And what was he doing in Balochistan? She said the HRCP had taken a statement from the bus driver who was present when Arjumendi was picked up. In addition, the Norwegian embassy had also confirmed his citizenship. The court observed that it would hear every case on merit and was not concerned whether one is Bugti or Marri.
Defining the category of missing persons, Justice Javed Iqbal observed that the missing persons were those who were abducted by the intelligence agencies, adding: "We cannot include every case of abduction, ransom or enmity among the missing persons."
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