Tough SC order to defence secretary

Published November 26, 2013
The director legal told the court that the alleged missing person was not in the custody of the army and efforts were being made to trace him.  — File Photo
The director legal told the court that the alleged missing person was not in the custody of the army and efforts were being made to trace him. — File Photo

LAHORE, Nov 25: Hearing different cases of missing persons here on Monday, Chief Justice Iftikhar Muhammad Chaudhry directed the defence secretary to produce Yasin Shah, a resident of Mardan, and others on Tuesday or appear in person before the court.

A joint secretary and director legal of the defence ministry, flanked by an additional attorney general, appeared before the bench comprising the chief justice, Justice Jawad S. Khwaja and Justice Amir Hani Muslim.

The director legal told the court that the alleged missing person was not in the custody of the army and efforts were being made to trace him.

But the court pointed out that the Superintendent of Malakand Internment Centre, Ataullah, had submitted a statement before the Peshawar High Court two years ago that the army had handed over 35 persons to him and later took them away from the internment centre. He had admitted in his statement that Yasin Shah was among those detainees.

The chief justice observed that either the superintendent of the internment centre was misleading the court or the defence ministry, and warned the director legal of punishment if he was found guilty of making a false statement.

He said the Supreme Court had been asking the authorities for the past 10 years to mend their ways, but no importance had been given to its orders.

Addressing the additional attorney general, the chief justice said it appeared that the incumbent government was following in the footsteps of its predecessor because kidnappings of people had not stopped.

Justice Khwaja pointed out that the attorney general had undertaken before the court that this practice would end and the government was going to evolve a policy about missing persons, but nothing has happened so far.

The director legal sought more time, but the chief justice issued orders for the defence secretary to ensure production of the detainee or appear in person before the court on Tuesday.

Hearing another case about alleged disappearance of Advocate Zaheer Gondal of Rawalpindi, the bench ordered city police officer Akhtar Laleka to produce the lawyer on the next hearing.

Initially, the court adjourned the case for a day. Later, it accepted a request of the police officer and fixed the next hearing at the principal seat of the Supreme Court in Islamabad on Dec 2.

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