I’d like the supremos to move against the killer of the Governor of Punjab, and lawyers who were distributing sweets on his death, and disbar them too.
http://dailytimes.com.pk/default.asp?page=2011\01\18\story_18-1-2011_pg1_12
SC warns agencies against illegal practices
** Two-member bench observes no official, state functionary allowed to arrest, lift any citizen unless there is sufficient evidence
By Hasnaat Malik*
ISLAMABAD: The Supreme Court on Monday warned security and intelligence agencies against illegal practices during a hearing of the missing persons’ case.
The court also directed the interior secretary and the Defence Ministry to appear before the court on every hearing of the case, as one way or the other they were being accused in the matter.
A two-member bench of the apex court, comprising Justice Raja Fayyaz Ahmed and Justice Anwar Zaheer Jamali, observed that the court, being the apex court of the country, is obligated under the constitution to ensure the rights of citizens. “If in a case, any person is involved directly or indirectly in an act of terrorism, he should be brought before the court of law under the law and can be detained under security law,” the court said, adding, “No functionaries or authorities are competent to detain, arrest or pick up any citizen unless there is sufficient material or evidence against that person. This court shall take due notice of it.”
The court also said that all state functionaries, agencies and government officers were subject to the law and the constitution and they were supposed to act only and only in accordance with the law and command of the constitution. “Violations whereof may entail legal consequences if the mandate of the law is not adhered to strictly,” the court said.
Justice Raja Fayyaz Ahmed said the constitution guarantees protection to citizens, thus any one, including officials of intelligence agencies, against whom abduction would be proven, would be proceeded against under criminal charges. He said the court, being guardian of the constitution, could not shut its eyes on its violations. “In these circumstances, who would say we live in a civilised society,” he observed. The court said that unless all missing persons were recovered, the court would continue hearing the case. Justice Raja Fayyaz said had the secret agencies followed the law and the constitution, this situation would not have arisen today. The court directed the attorney general to exclude sensitive parts of the commission’s report and provide the same to the petitioners of the missing persons’ case on the next hearing. During the hearing, the court told the AGP that it was the worst kind of mental torture when someone did not know about the whereabouts of their loved ones.
The court also added that it was empowered to summon the Inter-Services Intelligence director general and no one could stop it from doing so. The bench said that those who took oath under the constitution would have to follow the same and function under its parametres. Justice Raja Fayyaz Ahmed said that making the law a joke would not be allowed and tolerated. The court expressed dissatisfaction on the report of the attorney general on missing persons and directed him to meet with top officials of the ISI and convey the court’s reservations on the matter to them. “50 percent cases will get resolved in this manner,” the court said. It noted that it was a case of public interest, thus it should be taken up in parliament. Supreme Court Bar Association (SCBA) President Asma Jehangir told the court that four persons were allegedly abducted on December 4, 2010. She said the total number of missing persons was 235, out of which 174 had so far been recovered, adding that the intelligence agencies were violating the constitution and the law. She also said that the court’s orders were not being implemented.