SC seeks affidavits from army in Janjua's disappearance case
14 September, 2013
ISLAMABAD: After submission of a list of military officers in a matter related to alleged enforced disappearance of Masood Ahmad Janjua, the Supreme Court on Friday sought affidavits from army officers through Defence Ministry.
A three member bench of the apex court, headed by Chief Justice of Pakistan Iftikhar Muhammad Chaudhry also observed that after the submission of affidavits by military officers, they would decide about the forum for cross examining them in a matter related to alleged enforced disappearance of Janjua. The bench also directed the former AGP Malik Qayyum to file affidavit in this matter as well.
It is to be noted that in response to the Supreme Court's September 11 order, Defence of Human Rights Chairperson Amina Masood Janjua submitted a list of military and intelligence persons to be cross examined, who have already filed their statements regarding Masood Janjua who is missing since July 30, 2005.
The names of military and intelligence agency officers are – Col Jehangir Akhtar, Col Habibullah, Brig Mansoor Saeed Shiekh, Lt Gen Nusrat Naeem, Lt Gen Shafqaat Ahmad and Lt Gen Nadeem Taj.
Amina also included the name of former AGP Malik Abdul Qayyum for cross examining in her husband's case.
She requested the SC to prosecute "culprits who tried to cheat the court by producing a fake affidavit" and also accepted the statement of Dr Imran Munir given to the joint investigation team. The chairperson of Defence of Human Rights also prayed the court to declare the statement of Gen Nusrat Naeem 'false' and 'not viable' and order the immediate release of Janjua and his friend Faisal Faraz.
During the hearing, the court observed that the statement of Gen Nusrat Naeem had already been recorded by the Commission of inquiry of Enforced Disappearance; therefore, there was no need to seek affidavit from him.
Meanwhile, the same bench also sought reply from Rawalpindi police within three days on an application of a lawyer Inam ur Rahim, who was allegedly attacked by half a dozen persons affiliated with military intelligence and badly injured him on November 14, 2012. According to the applicant, he immediately lodged a complaint against miscreants in the police station R.A Bazar Rawalpindi but till date, the police did not register FIR. He requested the SC to direct CPO Rawalpindi to register FIR as per the complaints lodged by the applicant.
Likewise, the court also sought comprehensive report regarding the effectiveness of special cell, which is working in attorney general for Pakistan (AGP) office to intensify the court's efforts regarding recovery of missing persons as well as arranging meetings of detained people with their loved ones.
Hearing the petition, filed by Abida Malik regarding the recovery of her husband Taseef Ali, the court has expressed dissatisfaction over police performance and declared that senior officer not below the rank of DIG should investigate the matter and submit report on September 23.
The bench also expressed annoyance over police for sharing the very sensitive nature of information in open court.
During the hearing, the bench also asked the counsel of MI that why he was dragging the whole institution in this matter as the police could take action against army officials in cases of civil nature. The chief justice observed that army officials were also governed by the constitution.