PRESIDENT BALOCHISTAN HIGH COURT BAR ASSOCIATION_s vs FEDERATION OF PAKISTAN and others
This matter originated from a petition filed by the Balochistan High Court Bar Association concerning missing persons and target killings in Balochistan. The Supreme Court, in an ongoing effort to resolve these issues, sought assistance from Sardar Akhtar Jan Mengal, former Chief Minister and Head of Baluchistan National Party. Mr. Mengal provided oral submissions and a written statement outlining six suggestions for confidence-building measures, including the suspension of military operations, production of missing persons before courts, disbanding of proxy death squads, allowing political parties to function freely, bringing responsible persons for torture and killings to justice, and rehabilitation of displaced Baloch. The Court directed the Chief Secretary, Government of Baluchistan, to bring these suggestions to the immediate notice of the Prime Minister, Governor, Chief Minister, and heads of intelligence agencies (ISI, MI, IB, etc.), and to provide their reactions in writing to the Court by 28-9-2012. The Court expressed appreciation for Mr. Mengal's assistance.
- Can the Supreme Court seek assistance from political leaders to resolve issues concerning missing persons and target killings?
- Can the Supreme Court direct the Chief Secretary of a province to convey suggestions from a political leader to the Prime Minister and heads of intelligence agencies regarding human rights issues?
- Is the Supreme Court empowered to require high-level government and intelligence officials to provide a written reaction to suggestions aimed at resolving human rights crises?
' IFTIKHAR MUHAMMAD CHAUDHRY, C.J.--Sardar Akhtar Jan Mengal, former Chief Minister and Head of Baluchistan National Party, in pursuance of direction of this Court dated 20-9-2012 appeared to assist the Court to resolve the issue of missing persons and target killings of the citizens in the Province of Baluchistan. He briefed the Court by making oral submissions and also placed on record extract from the book titled Zulfiqar Ali Bhutto - Afwah aur Haqiqat composed by Altaf Ahmad Qureshi. He has suggested different ways and means to resolve the issues, which are being faced by the residents of the Province. He has also placed on record a statement in writing under his signature, one of the paras along with suggestions thereof reads as under:-- "Before initiating a meaningful process of conflict resolution it is imperative that the Government of Pakistan should take and practically implement some measures which are must to build a conducive atmosphere for Bloch reconciliation process:--
(1) All covert and overt military operations against the Bloch should immediately be suspended.
(2) All missing persons should be procured before a court of law.
(3) All proxy death squads operating under the, supervision of Inter-Services Intelligence (ISI) and Military Intelligence (MI) should be disbanded.
(4) Bloch political parties should be allowed to function and resume. Their political activities without any interference from intelligence agencies.
(5) Persons responsible for inhuman torture, killing and dumping of dead bodies of the Bloch political leaders and activists should be brought to justice.
(6) Measures should be taken for the rehabilitation of thousands of displaced Bloch living in appalling condition..
After taking the above mentioned confidence building measures, a meaningful negotiation between the recognized and genuine representatives of the Baloch and military establishment could take place to decide the future relationship of Baluchistan."
2. On 19-9-2012, we had asked the Chief Secretary, Government of Baluchistan to bring the issues highlighted therein into notice of the Prime Minister (Chief Executive), Governor, Chief Minister of Baluchistan as well as the heads of the agencies. Although he had meetings with the said functionaries, but it seems that so far no fruitful results have come out. Be that as it may, as the matter is pending, and is now likely to be concluded, therefore, we direct him that he should bring the above suggestions of Sardar Akhtar Jan Mengal into the notice of the concerned authorities, including, Prime Minister, Heads of ISI, MI, IB, etc. As the Chief Secretary along with Inspector General of Police has travelled all the way from Quetta and realizing the importance of the issues and the hearing of the case before this Court, he may discuss the issue as already directed by this Court vide order referred to above, and the suggestions which Sardar Akhtar Jan Mengal has made today in Court keeping in view the previous general situation in the Province of Baluchistan, and give us the reaction in black and white of all those functionaries on 28-9-2012.
3. We place on record our thanks and appreciation for Sardar Akhtar Jan Mengal who has come forward to provide assistance to this Court for the purpose of resolving the issues raised in the petition moved by the High Court Bar Association.