Don’t force us to take strict measures, SC tells govt. - Chief Justice Blog - Pakistan's 1st Law Blog

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Wednesday, July 24, 2013

Don’t force us to take strict measures, SC tells govt.

ISLAMABAD: The Supreme Court (SC), while rejecting the government’s policy on missing persons, observed on Tuesday that it should not be forced to take strict measures.
It ordered the government to devise a comprehensive policy for the recovery of missing persons within 10 days. The court in its order said that the government should recover the missing persons immediately.
A three-member bench, headed by Chief Justice (CJ) Iftikhar Muhammad Chaudhry, resumed hearing into the petitions filed by the relatives of missing persons.

The CJ said that restricting liberty of any citizen was a very sensitive matter. He said that court was being forced to issue strict orders in the case. He said that no progress was being made for the recovery of missing persons. He said that court will ensure the rights of people according to the Constitution.
The court observed that objections were being raised against the ISI and MI, adding that forces were “our dignity” and objections should not be raised against them. It said that in future, there should be no forced missing of the people.

The CJ said that the court came to know that people were not being looked after at the internment centers and the government should take this matter seriously.
He said that relatives of missing persons, including women and aged people, had been moving to court for quite a long time and the government should tell the people as to what was being done for their dear ones.
He said that 504 people had been kept at the internment centres and their problems were increasing day by day.

During the hearing, Director General Crime Management Authority Tariq Lodhi submitted the report pertaining to the government policy over the missing persons issue. The court reviewed the report and said that the report contained mere statements and it should be taken back.

The court said that a comprehensive policy should be formed for resolving the issue of missing persons. It told the attorney general of Pakistan (AGP) to submit the policy of the government on the next hearing.
The court said that it was the duty of the government to protect the rights of citizens and the government should devise an appropriate policy and it should also be made clear in the policy what steps the government was taking for the recovery of missing persons.
The court, addressing the DG (Crimes), said that if the government had the same policy, then he should come tomorrow and he should also bring the missing persons along with him in the court.

The court said that if a reasonable reply was not submitted, the court would call the home secretary and all the cases would be handed over to the Interior Ministry.During the hearing, Justice Jawwad S Khawaja said that the case had been lingering on since 2005. He said that a person should be presented in the court if there were any allegations against him. He said that relatives of missing persons were saying that they should be informed about the crimes of the dear ones.

He said that perhaps some people in the institutions were taking wrong steps. The chief justice said that deputy attorney general should inform the government as to whether the government could recover the missing persons or not, adding that if the job was not done by the government, then the court would issue its order.
The CJ said that when the court asks about any person, the reply is received that the person is not under their detention. He said that the court appreciates the good works of the government.

link: http://www.thenews.com.pk/Todays-News-13-24334-Dont-force-us-to-take-strict-measures-SC-tells-govt

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