The Supreme Court on Friday asked the federation to submit a comprehensive response in Balochistan law and order case after thorough consultations with Prime Minister Yousuf Raza Gilani and President Asif Ali Zardari.
A three-member bench, comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Jawwad S. Khawaja and Justice Khilji Arif Hussain, was hearing a petition filed by the Balochistan High Court Bar Association (BHCBA) regarding protection of lives and property of the people of Balochistan. It also deals with the overall deteriorating law and order situation in the province. Chief Minister Balochistan Aslam Raisani was also present in the court during the hearing.
In the previous hearing, Justice Iftikhar had said that the Constitution would take its course if the prime minister failed to take immediate steps to resolve the Balochistan crisis, warning that imposition of emergency could be one of the options to restore stability in the province.
The bench issued directives to Principal Secretary to the Prime Minister Khushnood Lashari to devise a foolproof strategy for ensuring peace and security in Balochistan after thorough discussion with the federal interior and defence secretaries. The bench expressed its dismay over the absence of Inspector-General Frontier Corps (FC) Balochistan Major General Obaidullah Khattak, Attorney-General Irfan Qadir and Secretary Defence Nargis Sethi.
Raja Irshad, who appeared on behalf of the agencies, informed the bench that the IG FC was in Iran on a visit. Expressing displeasure, the Chief Justice ruled that Khattak should be directed to return immediately. The bench said that it was not issuing any notice on the violation of Article 6 of the Constitution. Showing resentment over absence of the attorney-general, the Chief Justice said: "Why shouldn't the AGP be replaced?" He remarked that his absence showed the level of government's interest in the Balochistan case.
Terming the Balochistan issue a burning one, the Chief Justice observed that holding of peace conferences were be no remedy, adding that three persons were picked up from Balochistan during the SC hearing and later their dead bodies were found. He said that the authorities concerned should produce those responsible for such a situation in Balochistan before the bench. Otherwise, he said, the IG FC, Balochistan, would be held responsible.
The Chief Justice also summoned the interior secretary and said that Balochistan should be treated as a part of Pakistan. When the Interior Secretary Khwaja Siddique Akbar appeared before the bench, the Chief Justice inquired about the FC's role, and said: "why can't you suspend IG FC Balochistan". "What could be a more blatant violation of law that the men authorities had ordered to recover have been killed," Justice Iftikhar maintained.
Referring to a statement of provincial minister Mir Sadiq Ali Umrani according to which the FC was involved in killing people in Balochistan, Justice Khilji said that he could not sleep after hearing about the death of the three missing men. Justice Khiliji asked whether certain elements were trying to intimidate the court and said that nobody could be given a license to kill. "We are aware that lives of law-enforcement personnel were also being lost. However it does not empower anyone to take the law in their own hands," Justice Khilji said.
Chief Justice Iftikhar Muhammad Chaudhry's disappointment was evident when he remarked that the level of lawlessness could be gauged from the fact that bodies of persons were being found who were ordered to be recovered alive. Justice Jawwad S Khawaja also remarked that the prime role of FC was to assist police and not to lead them.
The bench asked Inspector-General Balochistan of Police (IG) Rao Amin Hashim about what had been done after the bodies of the three missing persons had been found. He told the court that a case had been registered. On this, the Chief Justice remarked that a case should also be filed against the IG FC. The bench rejected a report submitted by the representative of the Ministry of Defence. Later, Defence Secretary Nargis Sethi also came to the court. The hearing was later adjourned till June 4.