Supreme Court's interim order on Balochistan not withdrawn: we should take a leaf out of India's experience: government

The Supreme Court on Friday rejected the plea of Balochistan's top legal officer to withdraw its interim order of October 12 which declared that the federal government had failed to protect Balochistan from internal discord and the provincial government had lost its constitutional authority to govern.
A two-judge bench of Chief Justice Iftikhar Muhammad Chaudhry and Justice Jawwad S. Khawaja resumed the hearing of petition filed by the Balochistan Bar Association on law and order situation in the province. At the outset of hearing, Amanullah Kinrani, Advocate General, Balochistan, contended that the murder of Nawab Akbar Bugti gave birth to turmoil in the province and requested four weeks to engage a counsel in the case.
Kinrani and bench members exchanged hot words with the former insisting that Attorney General for Pakistan (AGP) Irfan Qadir plead first in the instant matter while the bench asked him to lead, saying: "you sought time for today"; and on Kinrani's resistance the bench observed that it was an indication that he (Kinrani) had nothing to produce before the court.
Addressing Kinrani who persistently maintained that law and order situation in Balochistan had improved relative to 2006, the Chief Justice said: "You are taking the judiciary as a rival in the current matter - You should submit your response in writing to the court as you forget what you say earlier - You are shouting at the top of your voice as if your Chief Minister (Raisani) is sitting behind you - Don't worry, you will not lose your job."
During the course of proceedings, Federal Interior Minister A. Rehman Malik prayed the bench for time, saying he wanted 15 minutes to submit some classified information to the court. The bench asked him to submit it in writing. However, Malik argued that if the Attorney General for Pakistan (AGP), subordinate to the government, was allowed to address the bench then why was the Interior Minister not permitted to speak.
The Chief Justice told Malik the AGP was subordinate to the constitution instead of the government. Malik reiterated that if he was not given a chance to speak then history would not forgive the judiciary or him (Malik). To which, the Chief Justice said, "history will forgive us, but not you."
Malik further told the bench that there was a nexus between the Taliban, Balochistan Liberation Army (BLA) and Jundullah and the three were behind unrest in Balochistan. The Chief Justice responded: "Show progress in the case and arrest them". Malik said he was ready to give briefing through a presentation on Balochistan situation. Justice Jawwad S. Khawaja appreciated the recent statement of President Asif Ali Zardari that instead of giving briefings actions should be taken.
The Chief Justice remarked that whatever was happening in Balochistan, was the responsibility of the provincial government, adding that it was difficult to gauge Balochistan situation from Islamabad. "Is it possible for the people in Balochistan to move about freely? Is anyone safe and secure in any place? The chief minister's own nephew was assassinated and the murderer could not be arrested," the Chief Justice inquired from the Interior Minister.
Malik submitted that he himself was ready to accompany the Chief Justice to Balochistan in car. The Chief Justice replied that Balochistan was not confined to Quetta. He further said a number of members of Hindu community had left Kalat where all shops were closed and caravans moved under security. The Governor and the chief secretary were subjected to armed attack. Malik submitted that that the present government had inherited Balochistan issue from General Musharraf's government.
Justice Jawwad S. Khawaja told the Interior Minister that as many as 800 incidents occurred in the province. Out of which, 432 army and FC personnel were killed, but no accused was apprehended. Submitting a report on the province's security situation on behalf of the Federal Interior Secretary, the AGP Irfan Qadir contended that it was true that he was supposed to adhere to the Constitution of Pakistan but at the same time such principle was also applicable to judiciary.
He said the court had no jurisdiction to issue orders to the provincial government as the court had no authority to rule against the federation and the Balochistan government. The report added that it could not be said that the provincial government had failed. It further asked whether the court was declaring a state of emergency in Balochistan, adding that, only the president had the authority to do so.
The report stated: "offices in Balochistan are functioning, its courts are being conducted and its administration of criminal as well as civil justice is taking place, schools are open educating the children, hospitals are treating the patients, social sector programmers are being undertaken and development activity is in progress - the pronouncement of failed provincial government in the context described above is not easily understood and hard to agree with".
The report referring to paragraph 48 of the instant order of the court contended, "we should take a leaf from Indian experience where in the states like [occupied] Kashmir, East Punjab, Negaland, Assam and Mizoram, armed insurgency and partial breakdown of government machinery took place for a number of years, still democracy and successive elections afforded the people and the government a good chance to overcome their difficulties and defeat the militants with political process which was allowed to continue unhindered, undisturbed, compromised or violated".
Meanwhile, the court ruled that SC verdict of October 12 in the instant matter would remain intact. It directed Federal Secretary Interior and Secretary Balochistan to submit a fortnightly report pertaining to law and order situation in the province. The court further ruled that Federal Secretary Interior, who submitted the report, had not explained under which authority the Balochistan government was working. The hearing was adjourned till November 20.