Pakistan: SC again refrains from action against PM, CM

Exercising extreme restraint, the Supreme Court on Tuesday again came short of invoking constitutional provisions against the chief executives of federal and provincial governments for their perceived defiance of its directives relating to missing persons.

“Should we not issue notices to the chief executives of both the federal and Khyber Pakhtunkhwa governments,” Justice Jawwad S. Khawaja asked Attorney General Salman Aslam Butt. “Is this what you want?”

The attorney general replied quickly and assured the court that the government would show some progress at the next hearing — March 18. A three-judge bench had taken up a case relating to a missing man, Yasin Shah. The case was initiated on an application of his elder brother Muhabbat Shah.

On Dec 10 last year, the court held that the army authorities were responsible for removing 35 internees from the Malakand internment centre. But only 12 of them were produced before the court.

At the last hearing on Jan 20, the court warned the government that it would initiate contempt proceedings under Article 204 of the Constitution against Prime Minister Nawaz Sharif and KP Chief Minister Pervez Khattak. The court had directed the prime minister’s secretary Javed Aslam to bring to the notice of the premier non-compliance of its order for production of the remaining missing persons. The court had also ordered KP Chief Secretary Mohammad Shahzad Arbab to inform Chief Minister Pervez Khattak about the same.

On Tuesday, the court recalled its previous order which also required the two chief executives to deal sternly, but under the law, against the officers responsible for detaining these persons. The court regretted that as of today, it appeared, its directives had not been complied with. The court made it clear that it could invoke constitutional provisions available with it to ensure compliance of its orders.

“I cannot, for the life of me, understand that with all resources at disposal of the government, the whereabouts of the persons could not be found,” Justice Khawaja said.

The court also took exception to perceived foot dragging by the government of not complying with its Jan 23 suggestion of setting up a fund exclusively for assisting needy complainants whose near and dear ones had gone missing, but they were pursuing cases and appearing regularly before the court. The court had suggested that the fund should be kept with the office of the attorney general and used for subsistence of those family members who could not afford board and lodging in Islamabad. “This is so insensitive,” Justice Khawaja said, adding that the government should tell its citizens to go on exile because nobody was there to look after them. Additional Attorney General Shah Khawar assured the court that the suggestion would be taken care of.

“Why this has not been taken care of yet,” Justice Khawaja asked. He regretted that billions of rupees were wasted at the drop of a hat, but nobody bothered. “If this continues and if there is no fear of God in us, much (worse) is on the way,” he observed.

The KP Advocate General, Abdul Latif Yousufzai, submitted a report which said that in compliance with the court’s order, a meeting of Nawab Ali with his brother, wife and children had been arranged at the Lakki Marwat internment centre. About internee Yousuf, son of Akhter Munir, the report said no relative had ever requested for a meeting.

The court observed that it appeared the government was not taking steps to locate the family of Yousuf who lived in Bat Khela (Khyber Pakhtunkhwa). There was nothing on record to show any effort by the government to inform his family members that they were entitled to meet him under the Action in Aid of Civil Power Regulation 2011.