Missing persons’ cases

ISLAMABAD: The Supreme Court (SC) on Thursday, during the hearing of missing persons cases, remarked that the government must implement the Constitution and if it failed inthis regard, the court knew well how to get it implemented.

While heading the two-member apex court bench, Justice Jawwad S Khawaja remarked, “May be some other issue is involved therein. A strange impression is building up. The federal government has to implement the Constitution. If it will not be done, we know how to implement it and we will implement it. We will not conduct in-camera proceedings as it can give birth to misperceptions.”

The SC accepted the Ministry of Defence’s plea about fixing for hearing all missing persons cases, including the case of 35 missing persons lifted from the Malakand Internment Centre, before one bench and referred the matter to the chief justice for constitution of a larger bench.

The court requested the CJ that four different benches were hearing the cases of missing persons. The legal and constitutional issues and questions in these cases were of identical nature and different decisions, if came, could give rise to difficulties. Certain intelligence agencies were also facing the charges of allegedly picking up these missing persons. Therefore, a larger bench should be constituted to hear all these cases and to give decision.

It is pertinent to mention here that the same bench on May 15 put forth three questions to address the issue and ordered the attorney general for Pakistan and the advocate general, Khyber Pakhtunkhwa, to submit replies in this regard.The three questions raised by the apex court included: “When a serving army man commits an offence under the PPC, whether an ordinary or the military court should hold its trial. Whether the ordinary courts are obliged to concede to the request of army authority, or it is its discretion to determine whether or not accept the request of army authorities for transfer of the case and what is the basis to consider/allow or decline such requests?”

The court directed its office to place the order before the chief justice during the course of the day so that he may pass an order on it.Earlier, during the course of the proceedings, Attorney General Salman Aslam Butt submitted the Ministry of Defence’s reply in a sealed enveloped and claimed confidentiality.The court, after examining the information, returned it to the AGP. The attorney general requested the court for an in-camera briefing but the court declined it.

Relatives of missing persons stage sit-in at D-Chowk

ISLAMABAD: The relatives of the missing persons continued their protest on the second day and staged a sit-in at D-Chowk on Tuesday, Geo News reported.

Chairperson of Defence of Human Rights Amna Masood Janjua said that the government has time till the evening to render an apology over police torture on the protesters last evening and to hold a dialogue with the relatives to end the demonstration, else a strict strategy will be announced by the evening. She demanded that Interior Minister Chaudhry Nisar should apologize personally for the brutal torture by the security personnel on the relatives of the missing persons.

A large number of protesters including children, elders and women are continuing their protest on the second day for the recovery of their beloved family members.

The demonstrators said that they had high hopes that the present government will be able to recover the missing relatives, instead the protesting relatives were subjected to torture by the police force.

They demanded that a case should be initiated in the court if their relatives have been charged, but to keep them away from their families without any news is tormenting for the families.

It may be mentioned that seven civil society activists and five cops were wounded when the police resorted to a baton charge and teargassed the protesters. They were calling for the recovery of missing persons at the D-Chowk and tried to storm the Red Zone.

The Elite Force and Anti Riot Force (ARF) participated in the operation against the agitating people. Amna Masood Janjua and 11 others were arrested.The police refused to obey the order of the area magistrate and assistant commissioner for using force against the agitating persons twice but they insisted they do so. They said the police resorted to a baton-charge and tear-gassing of the mob to stop it in accordance with the decision of the top administrative officers.

The clash between the police and the protesters took place when the protesters started marching towards the Parliament House. The police tried to stop them at the D-Chowk but they tried to move forward through another route, which resulted in a clash after an exchange of harsh words. Some journalists and cameramen were also injured during the clash.

Prime Minister Muhammad Nawaz Sharif took serious notice and expressed his displeasure over the crackdown by the Islamabad Police on protesters headed by Amna Masood Janjua and ordered their immediate release.

He ordered for the immediate release of the people and directed to take strict action for the officials involved in this unhappy incident.

The Islamabad DC released all activists arrested by the police following the PM’s order. Interior Minister Chaudhry Nisar Ali Khan ordered an inquiry into the incident. He also suspended two sub divisional police officers (SDPOs), the ASP (City) Yasir Afridi and ASP (Secretariat) Iram, terming them responsible for the incident and asked the DC, who is believed to be responsible for the incident, to conduct an inquiry into the incident.

Capital police baton-charge relatives of missing persons

 

ISLAMABAD: Seven civil society activists and five cops were wounded when the police resorted to a baton charge and teargassed the protesters. They were calling for the recovery of missing persons at the D-Chowk and tried to storm the Red Zone.
The Elite Force and Anti Riot Force (ARF) participated in the operation against the agitating people.Amna Masood Janjua and 11 others have been arrested, sources said. They said the police refused to obey the order of the area magistrate and assistant commissioner for using force against the agitating persons twice but they insisted they do so. They said the police resorted to a baton-charge and tear-gassing of the mob to stop it in accordance with the decision of the top administrative officers.

The clash between the police and the protesters took place when the protesters started marching towards the Parliament House. The police tried to stop them at the D-Chowk but they tried to move forward through another route, which resulted in a clash after an exchange of harsh words. Some journalists and cameramen were also injured during the clash.

Police sources said 12 protesters, including two women, had been arrested. They said the Section 144 was imposed and any kind of protest and gathering in the Red Zone was prohibited.

They said the ban on gatherings and public meetings will remain intact in future in the Red zone. They said a case would be registered against the protesters who violated the law. Sources in the district administration said on the orders of Islamabad’s newly-appointed DC, the entry of Amna Janjua was banned in the area since morning. Instructions to this effect were passed to police via wireless, they said.

Prime Minister Muhammad Nawaz Sharif took serious notice and expressed his displeasure over the crackdown by the Islamabad Police on protesters headed by Amna Masood Janjua and ordered their immediate release.

In a statement, the prime minister said that in a democratic society, peaceful protest is the right of every citizen and no one has the right to brutally torture the innocent peaceful protesters. He ordered for the immediate release of the people and directed to take strict action for the officials involved in this unhappy incident.

The Islamabad DC released all activists arrested by the police following the PM’s order.Interior Minister Chaudhry Nisar Ali Khan has ordered an inquiry into the incident. He has also suspended two sub divisional police officers (SDPOs), the ASP (City) Yasir Afridi and ASP (Secretariat) Iram, terming them responsible for the incident and asked the DC, who is believed to be responsible for the incident, to conduct an inquiry into the incident.

SC directs to ensure transparent investigation in missing persons case

ISLAMABAD: The government on Friday presented in the Supreme Court a copy of the FIR registered against Naib Subedar Amanullah in the missing persons case, while the court directed to present copy of the challan also after completion of investigation, Geo News reported.

SC three-member bench headed by Jawwad S. Khawaja was hearing the 35 missing persons case here. Earlier, on the complaint of Defence Minister Khawaja Asif against a sensitive intelligence agency official regarding forced disappearance of Yasin Shah, among 35 missing persons, the Secretariat Police had registered a report and referred it to Dargai/Malakand detention centres as Yasin Shah went missing from those centres, the police sources said.

The Secretariat Police, taking action on the complaint, lodged a report and referred the case to the centres concerned. The police authorities, when contacted, said that Yasin Shah had not gone missing from Islamabad and that’s why the case had been shifted to the police station concerned.

According to FIR, the case has been registered under section 346 of crimes regulations.

Justice Jawwad S. Khawaja in his remarks said, “The law has come into action, now a transparent investigation will be conducted and could be hoped that those really responsible will be brought to fore. It is also hoped that the Commission will soon present its report relating to the missing persons. When the state takes any action, it is imperative to give legal protection to it, no person or organization above law.”

The court directing the government to ensure transparent investigation in the case adjourned the hearing for three weeks.