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Missing Person case: Court won't allow deviation from Constitution: SC

25 January, 2014

ISLAMABAD: The Supreme Court on Friday remarked that lawlessness had taken deep roots in the country owing to deviation from the Constitution but the court could not deviate nor would it allow the Federation and provinces to do so, and if anybody thinks that the court is his enemy, then he may keep on assuming so.

A three-member bench of the apex court, headed by Justice Jawwad S Khawaja, was hearing a missing person, Khawar Mehmood's case.During the proceedings, Justice Jawwad S Khawaja remarked: "Protecting the freedom of citizens is an obligation of the State. If it is not done, then we will keep on telling the provinces and the Federation repeatedly, the Constitution, the Constitution, the Constitution."

He further remarked: "We only want the Federation and provinces to do their own job. Running the government is not the job of the court as this is the job of only the elected representatives of the people. If they don't do their job, then we will also not give them any concession." He observed: "Prima facie another intelligence agency in addition to the police is also involved."

The court remarked: "One political party is at the helm of affairs in the Federation and a province, therefore, the government is responsible for recovery of missing person. Stemming the lawlessness is responsibility of the government and if government does not discharge this obligation, then we cannot be acquitted from our responsibility."

The Attorney General (AG), Suleman Aslam Butt, Additional Attorney General (AAG) Tariq Khokhar, the Punjab law officer, Amna Masood Janjua and some police officials appeared in the court.

The AG told the bench that the Punjab advocate general was not in the court. A day before he had said that he was on the way.The court remarked: "The Punjab AG should have come. Tell us if we have to run the government. We have not to run the government. We are the court. Whatever rights have been enshrined in the Constitution for the citizens, these be given to them. You come here after having been elected. You have to address the grievances, otherwise we will do so."

The Punjab additional advocate general said: "A meeting has taken place."Justice Jawwad remarked: "Six months have elapsed and you are holding the meeting. We will not give more time. We will take action against those who are at the helm of affairs." The AG said: "I have seen the matter. I am submitting a secret report. Please review it."

The court said this was the Fazl-e-Rabbi case and they were talking of Khawar.Justice Jawwad remarked: "Everyone should work for the supremacy of the Constitution. There is no room for any doubt in it. Name of a police officer who performs his duty honestly stands engraved in our mind. Forces work in adverse situation. We have deduced result in some cases that these people have gone to Afghanistan for Jehad on their own. We say repeatedly we have to do our job. If you consider us your opponent, then keep on considering so. If it is proved that the person is not missing, then we will not go after you. If you are found involved, then we will not give any concession to you. Recover Khawar and now even the brother of Khawar is not being traced. His trial has taken place. Tomorrow his father will be arrested. But we will not allow such things."

The Punjab government sought two weeks' time but the court refused.The court remarked: "One political party is ruling in the Federation and a province. It should arrest the lawlessness. Lawlessness in the State cannot take place. Twenty-seven dead bodies were lying in Quetta in minus degree centigrade. Khawar Mehmood be recovered till January 30 and he be produced before the court."

The bench remarked: "The law has empowered the police and one sub-inspector wields powers to deal with the culprits. We will continue talking about the Constitution with provinces and the Federation unless the citizen is recovered."

The court gave seven days to the federal government and Punjab government for the recovery of missing person Khawar Mehmood.The court also heard a missing person Fazl-e-Rabbi's case as a petition had been filed by Khanzada, the father of Fazl-e-Rabbi, in this regard.


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