Dr. AKMAL SALEEMI and others vs FEDERAL GOVERNMENT and others
This matter concerns the long-pending proceedings before the Supreme Court of Pakistan regarding the Lal Masjid/Jamia Hafsa incident, which resulted in significant loss of life and property damage. Due to conflicting allegations between the police, complainants, and victims, and the lack of concrete evidence or findings, the Court determined it was unable to reach a final conclusion on the matter. Consequently, the Court exercised its authority to appoint a Commission, led by Mr. Justice Shahzado Sheikh, Senior Puisne Judge of the Federal Shariat Court, to conduct a comprehensive probe. The Commission was tasked with specific terms of reference, including investigating the causes of the incident, determining the number of casualties, verifying the identification and handover of bodies, assessing compensation payments, reviewing legal actions taken against responsible parties, and identifying missing persons. The Commission was directed to follow the procedure outlined in the Supreme Court Rules, 1980, and submit its findings within 45 days to facilitate a final resolution of the case.
- Can the Supreme Court appoint a Commission to probe into an incident when there is a lack of concrete evidence and conflicting allegations?
- What procedure must a Commission appointed by the Supreme Court follow when conducting an inquiry?
- Is it within the Court's power to set specific terms of reference for a judicial commission investigating a public incident?
- Order XXXII, Supreme Court Rules 1980
ORDER
' These matters are pending before this Court since long. We had been issuing directions from time to time to the Police Department to probe into the matter but so far no satisfactory action has been taken. We understand that in the unfortunate incident of Lal Masjid/Jamia Hafsa reportedly a large number of people had lost their lives and the property of the Jamia Hafsa had also been damaged. There are allegations and counter-allegations by the police and the complainant, victims and their relatives but in the absence of any concrete evidence and findings, we are of the opinion that it would not be possible to finally ( conclude this matter.
2. Therefore, it is decided to appoint a Commission, who shall probe into the matter in accordance with the following terms of references:--
(i) What were the causes of the incident, which took place at I al Masjid-Jamia Hafsa in between 2nd July, 2007 to 12th July, 2007?
(ii) How many persons, if any, male or female, civilian or law enforcement agencies personnel lost their lives?
(iii) Whether the dead bodies of all the persons, who had lost their lives during the incident, were identified and were handed over to the legal heirs, after observing the codal formalities?
(iv) Whether any compensation has been paid to the legal heirs of the victims by the State?
(v) Whether any action has been taken under the law against the persons, who were found responsible by the police and if so to what effect?
(vi) Whether on the basis of the material collected, it is possible at this stage to fix the responsibility upon the personnel of security agencies or other individuals responsible for the incident?
(vii) Is there any person(s), male or female, who was reportedly missing during the incident?
(viii) Any recommendations other than the points noted herein above?
3. Mr. Justice Shahzado Sheikh, Senior Puisne Judge of the Federal Shariat Court is appointed as Commission. He may follow the procedure laid down in the Order XXXII of the Supreme Court Rules, 1980 and submit a report as far as possible within 45 days, after receipt of the above order.
4. The office is directed to send the photo-stat copies of the record of these cases to the learned Commission to facilitate it in submitting the report.