KARACHI: Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry
has remarked constitution be implemented for God’s sake otherwise army
will have to come.
He gave these remarks while presiding over a
5-member bench of Supreme Court (SC) during the course of hearing of
suo motu notice on Karachi violence here Thursday.
CJP observed
“those who impose martial law say first of all “ my dear country men”
and then play havoc with every thing. No one will now be made party.
Whenever martial law was imposed deteriorating law and order situation
was made basis. We have blocked the way. We have to improve law and
order situation on our own”.
Advocate General Sindh (AGS)
presented the report to court about the people and police personnel
killed during 1992 operation. CJP remarked this was not the real report
and original report was lying with IB or federation. AGS told the court
no intelligence report on 1992 operation was found available in record.
Apex court ordered a copy of the record whatever was available be
provided to Iqbal Haider. AGS presented the notification in the court
about the appointment of 6 judges in Anti Terrorism Courts.
After the interval in hearing MQM counsel barrister Farogh Nasim started his arguments.
CJP
asked him “it does not seem to you that government has failed.
Barrister Farogh Nasim started his arguments on Karachi situation from
3 years back.
CJP while addressing him said “ I have asked if it is not failure of government. Reply to it be given in no or yes.
Farogh
Nasim said it is evident from the way killing had taken place during
the last 3 months and people had been targeted and killed that
government has failed.
CJP inquired from Farogh Naseem “ 1500
persons have been killed in Karachi during the current year and he
should propose how to deal with this matter.
During the
arguments of Farogh Nasim CJP said he had not mentioned any thing about
the extortion of money and collection of donation forcibly in his
arguments. Farogh Nasim told the court MQM considered every sort of
extortion of money wrong and does not support it in any circumstances.
He
told that during 2002 MQM governor Dr Ishrat ul Ibad had made the law
more stringent against extortion of money and promulgated an ordinance.
CJP said they were part of the government then and they should have improved the situation.
MQM
counsel Farogh Nasim said that recruitments made in police on political
grounds and 300000 arms licenses which were issued be revoked.
CJP
inquired from MQM counsel” MQM was also part of the government then as
to why it could not bring improvement in the situation.
Farogh Nasim counsel for MQM told ministers from MQM had tendered their resignations.
Upon
it CJP said in his remarks “if the ministers from MQM were government
employees that their resignations have not been accepted so far. Farogh
Nasim said MQM was helpless ally of the government.
CJP said
once again in his remarks if MQM ministers had tendered their
resignations then as to why they were not being accepted.
Farogh
Nasim said SC could provide only guidelines under clause 3 of article
184 of the constitution and it could neither record the evidence nor
award punishment to any one. There are two vital points before the
court that how the violence related incidents be probed into that their
result could come out positive and these incidents could be prevented
in future.
CJP said in his remarks that he should give proposal
how an impartial and free from political people investigative agency
could be framed. 4 dead bodies had been recovered during the two days
and charges and counter charges were being levelled, he further
remarked.
During the course of hearing Surriya Begum, a resident of North Nazim Abad also appeared in the court.
She
told the court that his son was kidnapped and later killed but mobile
phone of his son was still open till today and the accused persons talk
to them on this mobile phone. She told that the accused persons had
withdrawn money on ATM card of his killed son on 5, 6 and 7 August. Its
record and footage will be available with bank. On every occasion Rs
20000 each were withdrawn on the card of her deceased son, she stated.
CJP while expressing resentment over it ordered SSP Central Asim Khan
to arrest the accused persons till today.
CJP during his
remarks while ordering SSP Asim Khan to present the report within an
hour said if the culprits would not be apprehended then he would have
to go to jail.
Jamil Virdik counsel for Baloch Ittehad Tehrik
presented the list of 16 persons who have escaped torture cell saying
they are different from the 18 persons who had been recovered by the
police.
Jamil Virdik told the court that they approached the police but their FIR was not lodged.
CJP
ordered that kidnapping incidents in respect of all the persons from
city including those who have been named in the list provided by Jamil
Virdik be investigated and ascertained who kidnapped them. . CJP
questioned if any investigation has been made in respect of 44 bodies
included in the list provided by Jamil Virdik.
CJP remarked DG Rangers was saying they would set right every thing but bodies in rucksacks were still being found.
During
the course of hearing an ISI officer of Brigadier rank gave briefing to
larger bench of SC in chamber. Attorney General was sent outside the
chamber for some time during the briefing. The hearing has been
adjourned till today (Friday). Online
