PRESIDENT, BALOCHISTAN HIGH COURT BAR ASSOCIATION Versus FEDERATION OF PAKISTAN Malik Zahoor Shahwani

ORDER

In continuation of earlier order of this Court dated 6-4-2012, the learned Advocate-General, Balochistan along with Qazi Abdul Wahid, DIG (Operations) has appeared and produced three missing persons, namely Mir Jan son of Amir Khan; Amir Khan son of Gul Bahar; and Gul Mir son of Bahran Khan, all residents of Saryab Mills, an area within the jurisdiction of Police Station New Saryab, District Quetta. According to these persons, they were forcibly taken away during night time from their houses and were kept in the custody of unknown persons for about 40 days and as at the time of their arrest they were blind folded, therefore, they could not know that where they were taken and detained during this period, and thereafter they were left in the area of Khuchlak from where they were taken into custody by the police.

2. When we have inquired from the learned Advocate-General, Balochistan, as to whether the aforementioned persons are involved in any case, he under instructions of Qazi Abdul Wahid, DIG (Operations) has stated that" they have been detained under MPO, however, when asked, no such order has been produced. He further explains that after effecting their recovery a message has been sent to different Police Stations in the province of Balochistan to inquire as to whether they are involved in some case or not. We failed to understand the excuses being offered by the learned Advocate-General. The Police or for that matter any other agency has no authority to detain the persons, without showing A their arrests in a particular case and obtaining their remands from the Court of law. In this view of the matter, we set at liberty the afore-noted persons and direct DIG (Operations) to take, them safely to their houses so they may not face any difficulty and, no one should cause their arrest i n future without informing this Court.

3. The statement so submitted by Mr. Hamid Shakeel, Acting DIG (Investigation), about effecting the recovery of said three persons seems to be unbelievable under the facts and circumstances and prima facie we are of the opinion that these persons have been recovered from some particular place, but the names of the agencies/authorities, who kept them in custody, are not being disclosed. Also it cannot be ruled out that perhaps they were detained by the police, which kept them without any legal justification and after issuing directions by this Court, they had been released on the pretext that they were missing, otherwise in such a situation they should disclose the particulars of the agencies/persons, who have been curtailing the liberty of these persons as well as four other persons, who were recovered on the last date of hearing. The Acting DIG (Investigation), against whom it is alleged that he had effected their recovery, is directed to appear in person before this Court tomorrow i.e. 13-4-2012 and explain in writing that from which area these persons have been recovered.

4. On the last date of hearing, three other persons namely Dr. Naseer Ahmed; Akhtar Langoo; and Hafeez Rodiani were also reportedly picked up and the IGP, Balochistan assured this Court that 'their recovery shall be effected, but it seems that no progress so far has been made. The IGP Balochistan is directed to appear in Court tomorrow and explain as to why he failed to fulfil his commitment, which he made with the Court. At the same time, the SHO as well as the SP Incharge of the area from where the said persons were allegedly picked up shall appear and submit their reports by tomorrow i.e. 13-4-2012 and also to explain as to why proceedings against them should not be initiated because it was their duty to provide protection of life and liberty to the persons living within the area of their jurisdiction, which they have failed to do so.

5. Similarly, another person namely 'Mazar Khan has not been recovered, although commitment was made before this Court on the last date of hearing to effect his recovery. It has been informed that a case has been registered against SHO Noor Bakhsh and presently he is behind the bars because reportedly the said person was picked up by some unknown persons in the presence of said SHO and no action was taken by him by showing resistance. As said SHO is in custody, therefore, SP Incharge of the area namely Fareed Waraich is directed to appear in person before this Court tomorrow and explain as to why he should not be ordered to be proceeded against according to law because the above-noted person was illegally removed from his jurisdiction and he (the SP) being Incharge of the area has failed to provide him (missing person) the security.

6. The learned Advocate-General, Balochistan informed that during the inquiry conducted in respect of the confinement of Hafiz Saeed-ur-Rehman son of Allah Bakhsh in Gujranwala Jail; it has been revealed that the latter was never confined in the said Jail and the National Crises Management Cell, vide letter dated 6-6-2009, has furnished wrong information and qua the same an inquiry is underway. The learned Atto rney-General for Pakistan as well as the learned Advocate-General, Balochistan state that as the matter is being probed into, therefore, some time may be given to do the needful.

7. The learned Advocate-General states that so far no progress could be made in the case of Dr. Din Muhammad, who was allegedly picked up op 28-6-2009 from the area of Mashakai, District Awaran. The Home Secretary, Balochistan, is directed to conduct an inquiry and take all necessary steps to effect his (Dr. Din Muhammad) recovery and submit compliance report on the next date of hearing.

8. The IGP Balochistan is also directed to submit a comprehensive report in respect of the incident, which took place in between the night of 9/10 April, 2012 on Prince Road wherein 6 persons were murdered, including the incident near Bolan Medical College wherein six persons were killed and on Mir Ahmed Khan Road wherein two persons were murdered.

9. The Chief Secretary, Balochistan, has submitted a report wherein different aspects of the law and order situation, prevailing in the Province of Balochistan, has been highlighted, including the one incident, which allegedly took place in the area of Tehsil Baghbana, District Khuzdar in respect whereof a Civil Miscellaneous Application was filed by Mr. Sajid Tareen, learned Advocate Supreme Court, wherein it was reported that 30 persons were picked up and out of them 16 persons have been recovered whereas 14 persons are still missing. Contents of the said report are reproduced hereinbelow:--

10. Copy ,of this order be sent to Mr. Sajid Tareen, learned Advocate, for filing of his comments, if need be, on the report submitted by the Tehsildar, reproduced hereinabove, so that we may decide the CMA filed by him to the extent of missing of 30 persons, which was also published/reported in Daily Intikhab, from the area of Tutak Sub Tehsil Baghbana, District Khuzdar.

11. The Inspector-General of Police, Sindh has appeared and stated that Mr. Shabbir Sheikh, Additional IG, who . was Incharge of the investigation of the case of murder of the wife of Sardar Bakhtiar Khan Domki (granddaughter of late Hawaii Akbar Khan Bughti) has left for America to attend a departmental course, but remaining members of the same team are conducting the investigation. He also states that he himself has taken over the charge of the investigation of the case and meanwhile in view of the importance of the case he will make efforts to call Mr. Shabbir Sheikh, Additional IG, back. We have informed him that a person, who had been heading the investigation of such an important case, which has direct and indirect repercussions on the law and order situation, prevailing in the Province of Balochistan, instead of leaving for America should have given importance to it.

12. Mr. Mubeen, SHO/IO of the case has appeared and submitted a report claiming its confidentiality. Though it is too early, yet we are hopeful that the accused persons involved in the case shall be soon traced out. The said report has been returned to him. Investigating Officer requests that as he requires some assistance from Inspector-General of Police, Islamabad, therefore, directions may be given to him to cooperate with the former in making a breakthrough in the case. Order accordingly.

13. In response to the notices, the Chief Secretaries of all the Provinces, except Chief Secretary, Balochistan, who has already submitted his report before this Court at Quetta on the last date of hearing, undertake to file their respective reports. The case is adjourned enabling them to consult their respective Governments and present schedules for holding local government elections under the command of the Constitution in terms of Articles 32 and 140A (latter incorporated in pursuance of 18th Amendment of the Constitution).

14. The matter to the extent of recovery of missing persons and appearance as well as submissions of reports by Police Officer/Officials shall be taken up tomorrow i.e. 13-4-2012 at Islamabad, however, the main case shall be put up for hearing on 30th instant at Quetta Branch Registry.

M.W.A./P-6/SC Order accordingly.