CJP Iftikhar Muhammad Chaudhry says law, order major reason of martial laws

Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry has said that martial laws were imposed on the basis of worsening law and order situation, but now this way has been closed.

Chief justice said that with the sake of Allah constitution of the country should be followed God fearing the army could not take over again.

A five-member larger bench headed by the Chief Justice Iftikhar Muhammad Chaudhry and comprising Justice Anwar Zaheer Jamali, Justice Sarmad Jalal Usmani, Justice Amer Hani Muslim and Justice Ghulam Rabbani resumed hearing of the suo moto case on Karachi unrest in the local registry of the Supreme Court on Thursday.

Lawyer of the Baloch Itehad Jamil Ahmed Wardag said that 44 Baloch were killed and were identified but not a single FIR was registered by the police; meanwhile he also presented the list of 16 missing Balochis.
Upon the arguments of the Baloch Ittehad lawyer the SC ordered SSP West Karachi to immediately registration of FIRs of all the cases.
Chief justice in his remarks said that four persons were killed in two days in the city instead of the presence of SC bench in the city.

Chief justice said that apex has taken the notice to know about the reasons of the target killings, adding that the dead bodies are being recovered instead of the hearing of the case.

After start of the hearing, Mutahida Qaumi Movement’s (MQM) counsel Farrogh Naseem said during his arguments that the innocent people are being killed in the city while the security agencies are totally quite on the situation.

He added that the local land and weapon mafias murdered dozens of people on July 6, 2011 and on July 7, fourteen more innocent bus passengers were taken out of the bus and all were made targets of indiscriminate firing while dozens of Urdu speaking people were kidnapped and murdered near Katti Pahari and Qasba Colony.

Naseem continued, saying on July 22, 2011 the terrorists of MQM-Haqiqi and Peace Committee murdered many citizens in Malir but no action was taken against any murderer.
MQM lawyer further argued that land mafia, bhatta mafia and drug mafia are scared of the popularity of the MQM and 230 workers and well wishers of MQM were killed during the present year.

Chief justice inquired from the lawyer of MQM what is bhatta and chanda upon which farogh Naseem said that the MQM has no relation with these things.

Chief justice said that every party has talked about the target killings but no one has talked about the burning of vehicles and shops during the unrest.

Justice Sarmad Jalal Usmani in his remarks said that the lawyer of MQM is just talking about the Urdu speaking people, questioning that weather Sindhi, Balochi, Pakhtoon and Punjabi are not human beings.

Justice Anwar Zaheer Jamali in remarks said that is the political parties could disband criminals from parties than the Karachi could become paradise.

Justice Saramad Jalal said that every dictator address the nation with the words of my dear countrymen then he destroys everything.

Chief justice why anyone had not thought to lodge petition on Karachi situation, adding that no one would be allowed in future to submit application to become party in the case.

Justice Ghulam Rabbani questioned according to which the military should be called in Karachi, adding that the MQM was the part of all government, adding that it was also the part of military dictatorship why it has done nothing for the improvement of the situation.
Chief justice said that politics is done to restore the honour of the people but in Pakistan politics is done to secure strength.

Earlier during hearing, the Advocate General of Sindh presented before the court appointment notification of six judges in the anti-terrorism courts (ATC).

The AG Sindh informed the court that the record of intelligence agencies’ reports on 1992’s operation is missing but record of all actions taken during that operation is available. The AG clarified that they only had details of the number of people killed.

The court demanded a detailed report over yesterday’s killings in Sachal, Malir and near Jinnah Hospital while the Chief Justice prayed that may God control the situation in Karachi while saying in his remarks that despite that much assurances yet recovery of the dead bodies has not came to an end in the city.

Moreover, Chief Justice Iftikhar Mohammad Chaudhry questioned the police on the details of Advocate Fahim’s murder case, and ordered a report to be submitted today (Friday).

Commenting on the matter of resignations of MQM ministers, Chief Justice Iftikhar remarked that if the resignations had been submitted then they should have been accepted, adding that according to constitution the resignations are considered acted.

Chief Justice Iftikhar also remarked that Director-General Rangers Sindh Ejaz Chaudhry had claimed that the law and order situation in the city would improve, but dead bodies were still surfacing.
The SC had sought the report upon a point raised by Senior Advocate Syed Iqbal Haider, who is representing the Human Rights Commission of Pakistan.

The court ordered that the copy of available record be provided to Iqbal Haider. The bench also sought the investigation reports of killings of the Karachi Electric Supply Company (KESC) legal advisor Faheem-ul-Karim Sarwat and a policeman, who was killed in Malir area Wednesday.

The officials of the Inter-Services Intelligence (ISI) arrived in court and briefed the five-member bench on Karachi situation in chamber.

The Chief Justice said that commissions usually constituted for cover up an issue.

Chief Justice Iftikhar Chaudhry said that the investigators should maintain impartiality. He also urged for substantial steps instead of hallow actions.

The Chief Justice asked Farogh Naseem, the counsel of Muttahida Qaumi Movement (MQM), to suggest how to deal the problem which has claimed 1500 lives in the city in this year.

The chief justice asked why the MQM had not presented a list of other innocent people killed in Karachi and why only a list of party workers and supporters had been presented.

Chief justice in his remarks said that if the Supreme Court would announce its verdict the consequences of the verdict would have to bear.

The apex court accepted the plea of MQM to become party in the case; meanwhile the court later adjourned the hearing of the case till today (Friday). SANA