SC seeks affidavits of Musharraf, others in Masood Janjua case
24 September, 2013
ISLAMABAD: The Supreme Court on Monday sought affidavits, within two weeks, from former president General (retd) Pervez Musharraf and officials of military and intelligence agencies in connection with a missing person Masood Janjua.
Hearing the case of Masood Janjua, a two-member bench of the apex court directed the additional attorney general (AAG) to furnish with it the affidavits of 11 persons, including Pervez Musharraf and some military and intelligence officers who had earlier submitted their statements about Janjua.
The bench comprised Justice Jawwad S. Khawaja and Justice Sheikh Azmat Saeed.The court gave these directions on an application filed by Amna Masood Janjua, the spouse of Masood Janjua, requesting the cross-examination of statements earlier submitted by these officials in connection with her missing husband.Amna provided the court with a list of 12 persons, including former president Pervez Musharraf, former secretary defence Syed Athar Ali, former secretary interior Syed Kamal Shah, and former DGs National Crisis Management Cell (NCMC) Brigadier (retd) Javed Iqbal Cheema and Brigadier Javed Iqbal Lodhi.
On the last hearing, she had provided a list of seven persons — Col Jehangir Akhtar, Col Habibullah, Brigadier Mansoor Saeed Sheikh, Major Gen. Nusrat Naeem, Lt. Gen. Shafqat Ahmed, Lt. Gen. Nadeem Taj and former attorney general Malik Muhammad Qayyum — to the court.
Amna contended that the statement of Dr Imran Munir, recorded under Section 161 CrPC taken on oath by the Joint Investigation Team (JIT) constituted by the Ministry of Interior and the Commission of Inquiry for Enforced Disappearance, was self-explanatory and very comprehensive, endorsing his own handwritten diary notes of 2007 about Masood Janjua being with him at a Westridge detention facility.
"After this high-level concrete material evidence, there remains no need to present any further proof whatsoever of the presence of Masood Janjua in the hands of government agencies," she contended.
Responding to the court as to why she was urging the court to seek Musharraf in the witness box, Ms. Janjua said Gen. Shafqat had informed her father-in-law over phone that Musharraf had directed him to convey to him the message that Masood Janjua was alive.
At this, Additional Attorney General Tariq Khokhar told the court that Musharraf had sought a report from the then Director General ISI, Military Intelligence chief and Intelligence Bureau on the status of Masood Janjua.Justice Jawwad S. Khawaja observed that the court also wanted to reach a tangible result if Masood Janjua was alive or not.
It is pertinent to mention here that a commission comprising Justice (retd) Kamal Mansoor Alam, Justice (retd) Fazlur Rehman and Justice (retd) Nasira Iqbal was formed in March 2010 to sort out the cases of missing persons.
The commission finalised its report in 2011 and submitted it to the then government, recommending an appropriate compensation to the victims of enforced disappearances.It further recommended that in order to put an end to the issue of enforced disappearances/missing persons, the intelligence agencies should be restrained from arbitrarily arresting and detaining anyone without due process of law.
Amna requested the court to accept the statement of Dr Imran Munir and prosecute the culprits who had tried to cheat the court by producing a fake affidavit of Imran Munir. She further requested the court to order immediate release of her spouse Masood Janjua and his friend Faisal Faraz.