Supreme Court Vs Army: Missing persons case getting intense

[Bratva]

Three more missing persons traced, ministry informs SC

ISLAMABAD, Dec 3: The issue of enforced disappearance remained as murky as it has always been although the defence ministry came out on Tuesday with a little more information relating to the whereabouts of three of the 33 missing persons but appeared reluctant to produce the others despite a clear order of the Supreme Court.

Acting Defence Secretary retired Maj Gen Raja Arif Nazir informed a three-judge bench headed by Chief Justice Iftikhar Muhammad Chaudhry hearing a case relating to disappearance of one Yasin Shah that a ground check had led to the whereabouts of another three missing persons.

He had informed the court on Monday about the death of two of the 35 detainees the court had ordered to be produced and insisted that they died of natural causes in an internment centre in Malakand.

In another case relating to missing persons of Balochistan, the same bench ordered the inspector general of Frontier Corps to appear before it on Dec 5 or face contempt charges for not complying with its orders.

The bench refused to accept a sealed envelop submitted on behalf of FC Inspector General Maj Gen Ijaz Shahid explaining reasons for his absence from the court.

Maj Mohammad Nadeem, representing the FC, said Maj Gen Shahid was commanding a force and his summoning was affecting the morale of the FC.

The acting defence secretary informed the court that Habibullah had been released, along with two others, on April 28 last year and he left for Saudi Arabia on Dec 18. He submitted Habibullah’s travel history and said that before release he was in a rehabilitation centre.

Acting Defence Secretary Maj Gen Raja Nazir said the ministry would like to keep the identity of the two others confidential. They have been working in the country since their release and disclosing their names will jeopardise their security.

But the whereabouts of Yasin Shah was still a mystery, he said, adding that the ground check was in progress to trace the other persons. He said the search in the tribal belt was time consuming, risky and hazardous because of harsh weather, administrative problems and the prevailing environment.

The handing and taking over certificates of the two detainees, Sardar Ali and Nadir Khan, who had died on Dec 29 last year and July 1 this year, respectively, at the Lakki Marwat Internment Centre inside the Malakand garrison, and doctor’s reports were submitted to the court.

The acting defence secretary denied that the army had the custody of the remaining 30 persons. But the court described the information as a ‘lollypop’ being provided piecemeal.

Defence Minister Khawaja Asif stepped in at this stage and said that both Prime Minister Nawaz Sharif and Army Chief Gen Raheel Sharif were of the same mind. He said he was confident that the emotive issue of enforced disappearances would reach a logical end because a law would soon be passed to deal with the situation.

“We are living in a civilised world and the menace of extra-judicial killings should end,” the minister said, adding that the PML-N government would not tolerate enforced disappearances and endeavour to strengthen the legacy which the chief justice was leaving behind.

Khawaja Asif requested the court for some more time to recover the remaining persons.

But the court said it was ready to arrange for their production even before the SC registrar in camera if the government had security concerns. It asked the defence secretary to produce the remaining detainees or provide the names of people whom the court had been protecting for five years but they were reluctant to obey a clear order of the court.

“Even the prime minister and the army chief are not above the law and are subservient to the constitution,” the court observed.

It expressed dismay over what it called the arrogance of the acting defence secretary who said he himself was responsible for everything when he was asked to name those with whom he had discussed the matter of production of the missing persons.

The court put off the hearing for some time but adjourned it to Dec 5 at the request of Attorney General Muneer A. Malik.

BALOCHISTAN CASE: The court ordered the FC and Balochistan police to produce the missing persons on Dec 5 without any fail. It directed that the order for summoning the FC chief be sent to the interior ministry which controlled the working of the force. Maj Gen Ijaz Shahid should also be informed about it.

Quetta police chief DIG Zulfikar Cheema informed the court that the kidnapped doctor, Munaf Tareen, had returned home but he was not in a position to say if a ransom of Rs50 million had been paid for his release.

Although security for doctors had been beefed up in Quetta, incidents of target killing and kidnapping for ransom were continuing, the court regretted.

Dr Naqeebullah Achakzai regretted that the clinic of Dr Munaf from where he had been kidnapped was close to the FC headquarters surrounded by barricades and police checkposts. He said kidnappers always used vehicles with black tinted glass but were allowed to pass through all barricades. This forced the doctors’ community to believe that law-enforcement agencies were either not interested in solving the problem or were part of it, he said. DIG Cheema rejected the allegation and said police had launched a campaign against vehicles with tinted glass.

Three more missing persons traced, ministry informs SC - DAWN.COM


SC orders arrest of those responsible for missing persons

ISLAMABAD: Supreme Court of Pakistan's Chief Justice Iftikhar Muhammad Chaudhry on Monday ordered for the arrest of those responsible for the enforced disappearances whereas Attorney General of Pakistan told the bench that two of the 35 missing persons had died, DawnNews reported.

A three-member-bench of the apex court headed by Chief Justice Iftikhar Muhammad Chaudhry resumed the hearing of the missing persons case.

During the hearing, Attorney General of Pakistan Munir A Malik informed the bench that two of the 35 missing persons had died upon which Justice Iftikhar inquired about their cause of death.

Additional defence secretary responded that the two detainees had died of natural causes.

The bench then ordered for the production of the remaining 33 undeclared detainees in court today.

The Chief Justice in his remarks said that the Superintendent of Malakand Internment Centre, Ataullah, had submitted a statement before the Peshawar High Court two years ago that the army had handed over 35 persons to him and later took them away.

He also ordered for the arrest and registration of cases against those responsible for the disappearances.

Moreover, the Khyber Pakhtunkhwa government disclosed that there were 43 detention centres in the province.

Earlier, during the Nov 26 hering over the case,Chief Justice Iftikhar Chaudhry had warned the defence minister (the post then held by the prime minister) and the defence secretary to either produce the 35 undeclared detainees taken away by the army authorities from an internment centre or face consequences.

SC orders arrest of those responsible for missing persons - DAWN.COM

 

[Saleem]

the arrest should include those who pick up pakistanis-- like the raw and wad sponsored "baluchi" [in reality just robber barons] and the internaitonal court of justice sohuld be approached for indictement of the raw and bharati MI as well as wad offcials and chiafs...

 

[Bratva]

Enforced disappearance: FC says does not have officials SC wants


QUETTA: The Frontier Corps (FC) Balochistan on Tuesday came up with a clear statement that it does not have the officials summoned by the Supreme Court to appear before the CID Deputy Inspector General (DIG) in the investigation of enforced disappearance cases.

The deadline given to FC was December 2, and not a single FC official appeared before the police.

FC issued a statement and explained about the 19 personnel the Supreme Court (SC) is looking for.

As spokesperson for FC Balochistan stated that seven out of 19 FC personnel who were summoned by court had never been the part of this force.

“There are three Pakistan Army officers among 19 who had returned back to Army and now no more affiliated with FC and they do not fall in the jurisdiction of FC,” he said.

The statement further stated that FC has held an identification parade to identify the five other personnel.

Published in The Express Tribune, December 4th, 2013.

 

[batmannow]

Enforced disappearance: FC says does not have officials SC wants

QUETTA: The Frontier Corps (FC) Balochistan on Tuesday came up with a clear statement that it does not have the officials summoned by the Supreme Court to appear before the CID Deputy Inspector General (DIG) in the investigation of enforced disappearance cases.

The deadline given to FC was December 2, and not a single FC official appeared before the police.

FC issued a statement and explained about the 19 personnel the Supreme Court (SC) is looking for.

As spokesperson for FC Balochistan stated that seven out of 19 FC personnel who were summoned by court had never been the part of this force.

“There are three Pakistan Army officers among 19 who had returned back to Army and now no more affiliated with FC and they do not fall in the jurisdiction of FC,” he said.

The statement further stated that FC has held an identification parade to identify the five other personnel.

Published in The Express Tribune, December 4th, 2013.

its just nothing more then , a dying wish of a croupt monte carlo CJ, who thinks by putting the preasure on the militry he, can get another extention of his mafia justice rule?

 

[niaz]

Let us analyse the reasons as to how and why the ‘Missing Persons’ are missing?

Some may be killed off by rivalry or some other feud but the blame put on the Agencies.Others may have decided to underground or join banned organizations such as BLA, TTP or some other terrorist group and don’t want to contact anyone to avoid repercussions on their loved ones.

No doubt probably the majority are in fact enemies of the State. Quite a few of them are probably dead due to one reason or another such as killed in an encounter, but majority are with the agencies.

Agencies have no special love for keeping innocent persons in jail unless there is strong evidence that these are enemies of the State. Agencies want to pressurize them to gain information about their links and their handlers but only evidence they have is either emails or thru phone taping which is not admissible under current anti –terrorist laws. . The reason why these have become ‘Missing person’ because Courts will probably let them off. Of course their families consider them innocent but it is a fact that all the terrorists released after Lal Masjid affair, joined TTP and returned to murder more Pakistanis.

Law needs to be changed so that phone conversations & email can be accepted as evidence. Nawaz Gov’t is making a new law but that one is not in force yet. However, despite all this; ‘Letter of the Law’ as it stands today states that you cannot hold any one indefinitely without trial.

I cannot in all honesty go against the letter of the Law but at the same time I fully appreciate the reasons why Gov’t agencies are doing what they think is in the best interest of the country. I am neutral on this and not able to support either CJ or the agencies.

 

[Bratva]

its just nothing more then , a dying wish of a croupt monte carlo CJ, who thinks by putting the preasure on the militry he, can get another extention of his mafia justice rule?

 

[FNFAL]

Let us analyse the reasons as to how and why the ‘Missing Persons’ are missing?

Some may be killed off by rivalry or some other feud but the blame put on the Agencies.Others may have decided to underground or join banned organizations such as BLA, TTP or some other terrorist group and don’t want to contact anyone to avoid repercussions on their loved ones.

No doubt probably the majority are in fact enemies of the State. Quite a few of them are probably dead due to one reason or another such as killed in an encounter, but majority are with the agencies.

Agencies have no special love for keeping innocent persons in jail unless there is strong evidence that these are enemies of the State. Agencies want to pressurize them to gain information about their links and their handlers but only evidence they have is either emails or thru phone taping which is not admissible under current anti –terrorist laws. . The reason why these have become ‘Missing person’ because Courts will probably let them off. Of course their families consider them innocent but it is a fact that all the terrorists released after Lal Masjid affair, joined TTP and returned to murder more Pakistanis.

Law needs to be changed so that phone conversations & email can be accepted as evidence. Nawaz Gov’t is making a new law but that one is not in force yet. However, despite all this; ‘Letter of the Law’ as it stands today states that you cannot hold any one indefinitely without trial.

I cannot in all honesty go against the letter of the Law but at the same time I fully appreciate the reasons why Gov’t agencies are doing what they think is in the best interest of the country. I am neutral on this and not able to support either CJ or the agencies.

But branding "most" of the missing people as culprits , or worse, to be culprits is a bit naive IMHO.I hope you are aware in such cases, specially in SE asia, ppl remotely associated with the person of interest, are also unlawfully picked up for interrogation. And unfortunately any end up in ditches in gunny bags.
This is something that has been observed in the past in India as well during the naxal movement of the 70's.
What i understand is if the state believes a person is conniving with the crooked, there must be a fair, transparent judicial process to enforce further action. Make a public arrest. Make a public statement to media. Carry out trials in court. The army/police/spy agencies cannot act as guardians and enforcers of a democratic judiciary driven society. That is the task of the judicial system.This shall enforce the image of a strong fair judiciary and not a military state.
Do not get me wrong and write me off as a ultra liberal... i am aware of how "dirty" wars are foughts and a very slight idea of what goes behind the scenes in intelligence gathering. I am merely suggesting a more transparent process which saves ppk to confront such articles.