Efforts towards maintaining Balochistan law & order: Supreme Court asks government to delineate roadmap

18 Jul, 2013

The Supreme Court on Wednesday directed Attorney General for Pakistan's office to file a statement on behalf of the federation to delineate a roadmap for reining in law and order situation in Balochistan. A three-member bench led by Chief Justice Iftikhar Muhammad Chaudhry and comprising Justice Jawwad S Khawaja and Justice Sheikh Azmat Saeed resumed the hearing of law and order situation in Balochistan and directed all the provinces to give a final date for local bodies elections.
-- LB polls: provinces asked to give final date
The bench also issued notice to the Election Commission of Pakistan (ECP) to let the court know about when the Commission would be in a position to hold local government elections in the country. During the course of hearing the bench revealed that for Cantonment Boards, September 15, 2013 had already been fixed for elections
The bench further observed in its short order: "it would be appreciated if all the Provincial Governments as well as the Islamabad Capital Territory (ICT) and the ECP manage to hold such elections within the same period or with a slight change because the Elections of Local Government are to be held throughout the country".
The bench directed Deputy Attorney General Dil Muhammad Alizai to take up the current matter with the Federation and submit a report by Thursday (today) to explain how the federal government would provide assistance to the provincial government in maintaining law and ensuring protection to lives and properties of all the citizens regardless of their religion, ethnicity and sect. "We are, prima facie, of the opinion that for want of a network at grass root level available to be Provincial Government, it is difficult to establish contact with the citizens living in the far flung areas, it was need of the hour as well as constitutional commitment in terms of Article 32 and 140-A of the Constitution of the Islamic Republic of Pakistan to hold the elections for the Local Government," the court ruled in its order.
"We have been led to understand by the Chief Secretary that on completion of preliminary issues ie delimitation etc, the Provincial Government is contemplating holding the local bodies elections but unfortunately so far nothing has been done. No doubt newly elected Government has taken over but nothing has been done not only in the Province of Balochistan but also in other provinces as well to fulfil the command and the commitment of the Constitution," the court further noted in its order.
The bench observed that it was necessary to hold local bodies elections to ensure the participation of the general public in good governance; therefore, it had issued notices to all the Advocates General of provinces During hearing, Shakil Baloch, Advocate General Balochistan, stated that the government was ready to hold elections of local bodies but he was not in a position to give a date because a request had to be made to the ECP under Article 140-A(2) of the Constitution.
Earlier, Shahid Hamid, the counsel for Balochistan government, placed on record details of progress so far made for effecting the recovery of missing persons, ie, a month-wise break-up of targets and sectarian killings in 2013; year-wise break-up of target and sectarian killings since 2007; a summary of kidnappings for ransom in Balochistan from 1-1-2013 to 30.6.2013; overall achievements made from time to time to improve law and order situation and to address other relevant issues in Balochistan and actions taken to enhance the capacity of police to fight terrorism.
Mustafa Ramday, Advocate General Punjab, sought some time to make a statement whereas on behalf of the Government of Khyber Pakhtunkhwa, Syed Arshad Hussain, Additional Advocate General, filed a statement duly signed by the Chief Secretary stating that the government was ready and willing to hold local bodies polls no sooner than the date given by the ECP. Similarly, Deputy Attorney General placed on record a statement on behalf of ICT and stated that ICT Administration in favour of holding local bodies elections in the rural areas under the Capital Territory Local Government Ordinance, 1979 as announced by the government, but he was told that elections had to be held both in rural as well as urban areas. No one appeared on behalf of Advocate General Sindh; to which the court issued notice to him during the course of day. The court adjourned the hearing of case till July 18 (today).
APP adds: Justice Sheikh Azmat Saeed asked whether the government would give a date for holding local bodies elections or the court itself should do this. To this, the Advocate General Punjab requested the court to give him time till tomorrow for filing a reply on behalf of the province.
Meanwhile, during the hearing of routine case, the chief justice remarked that after the new government came to power there was bright hope that peace would be restored in Balochistan, but the situation there was still the same. The CJ further stated that police, Rangers, MI and FC were under the control of the government. He inquired about the factors that were not allowing peace moves gained ground in the province.
He pointed that a couple of days ago another six people were killed in Balochistan. Chief Secretary Balochistan apprised the court that police was conducting raids in all the suspected areas. He further stated that as per other parts of the country, elections were held in Balochistan in a peaceful manner which was a great success. However, he accepted that law and order situation in the province was still not satisfactory. Later, the bench in its order sought report from the federation for maintaining peace and tranquility in Balochistan and other provinces and its co-operation in that regard.

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