A three-judge bench, containing Chief Justice Iftikhar Muhammad Chaudhry, Justice Jawwad S.Khawaja and Justice Amir Hani Muslim, summarized the hearing of petitions about recovery of missing persons and law-and-order situation in Balochistan.
Defence Minister Khawaja Asif and Attorney General (AG) Munir A Malik appeared before the court.
Khawaja Asif, who was ordered yesterday to produce the missing persons, did not produce any of them, but instead submitted details of 35 undeclared detainees to the court, claiming that none of them is in army’s detention.
Chief Justice of Pakistan (CJP) has remarked “perpetuation of uncertain situation in democratic regime is regrettable.
He further remarked “ If the whereabouts of grave of my father can be ascertained during reference against me then the family members of the alive people can also be traced. Kunnar story will not be accepted. Defence ministry knows it all about the birth place of every one. If government resolves missing persons matter then it will take an historical status. Game is not going to end here . The remaining missing persons be produced before the court on December, 9 otherwise the court will issue final orders. Perpetuation of uncertain situation in democratic era is deplorable. This is matter of protection of civil liberties. We can not close our eyes to it.
Justice Jawwad S Khawaja remarked “ a mafia Don had sent a letter four to five years before during the course of hearing of a case and he had said that he is having meal in PC Rawalpindi and his two angels are present on his left and right side and nothing should be concealed.
Defence Minister said “ I am giving details about 35 persons who have all been released. We are ready to produce them where you say.
CJP remarked “ it should be known to all. They should be presented in open court and your security will not be disturbed.
Khawaja Asif said “ two persons have been released. 2 persons are in detention centers. 2 have died. One is in Saudi Arabia and copy of his passport has also been attached and traveling document has also been given.
CJP remarked “ give us affidavit of any of his relatives too.
Khawaja Asif said “details of five persons are not complete. We are having incomplete information which we are providing to you. These persons will also become available within two to three days. 3 persons are present in South Waziristan and we are informing about their location. No one among them is in the custody of army.
Khawaja Asif said “ information have been received about 8 persons that they have crossed Afghan borders. A large number of people had crossed border.
CJP observed “ you are saying this but we have no evidence about it.
Khawaja Asif said some persons had been released. CJP inquired where was Yasin Shah.
Khawaja Asif said “nothing could become known to us about Yasin Shah.
Justice Jawwad remarked “ it was said in clear terms on September 26 that army had picked up all these persons. Group capt Muhammad Irfan has been coming here and you have also attended court. How can any misconception occur.
Khawaja Asif said “ I don’t want to blame any one. However some misperception has taken place.
CJP remarked “ 35 out of 66 persons were brought from Malakand. No one can be kept in illegal detention under article 10 in settled areas.
CJP observed “ you will have to produce those who have crossed border to Kunaar province and all those about whom you have no information. You have scattered all of them. All the persons be produced and they be produced after they are counted.
Khawaja Asif said “we can produce 7 persons just now. We don’t say matter has not been resolved fully. Efforts are underway.
CJP remarked Kunnar province is a remote area. What information has been received from there? Intelligence resources have not become so fast that information about 7 persons have been received in the area having 10000 population. No one on the earth will accept this statement.
Acting defence secretary said “ I had given the statement that these persons are not in our custody.
Justice Jawwad said “ your statement was some thing different. All the matters have become clear on February 4, 2012. Who is subedar Aman UIlah Beg and where does he work and now he is where.
CJP remarked” not only Subedar Aman Ullah but some other people were also with them. We are hearing this case since one month Had your sources been so fast then you would have brought all the information and missing persons. If your address this matter today then it will create history . This matter has not taken place in Pakistan only but it has occurred in several countries. Missing persons were recovered after 40 years in one country.
CJP observed “ game has not come to end here. Whenever peace prevails in this country then all these matters will become clear. Then what answer will you give. It is not necessary that uncertain situation prevails in the country all the time. This is democratic government and situation is this enforced disappearances have taken place.
Secretary defence said that “ we have ascertained from different sources that these people have gone abroad.
CJP remarked “ give the statement what you want to give. We will see the remaining matters after it. You will have to produce these persons. 15 persons will have to be brought from South Waziristan and Afghanistan. The situation remains as it is. We had asked for making headway. Where are the seven persons. Why you conceal all from media.
Khawaja Asif said matters are sensitive and we can tell about them in camera.
AG said matters are very serious as they can be attacked upon.
CJP remarked “ how can those people be like this and then how you picked up them.
AG said commission can be constituted with reference to it. These people can come to registrar office within half an hour.
The court issued orders for producing the recovered 14 missing persons in the chamber of Justice Amir Hani Muslim in camera . Registrar SC should also make arrangements about these persons and hearing will take place at 9 a. m Saturday.
The court rejected the plea for seeking help from interior minister for bringing relatives of missing persons.
The court further ordered that the remaining 11 missing persons be also recovered and produced before it on December 9 otherwise court will issue its final orders.
The hearing of the case was adjourned till December, 9.