• CJP says right to protest must not be curtailed; seeks report on missing persons commission
• IHC judge bars police from action against Baloch protesters; summons SSP, DC

ISLAMABAD: The Supreme Court on Wednesday asked the government not to resort to harsh measures against the Baloch protesters whereas the Islamabad High Court (IHC) barred the police from using force to disperse the demonstrators encamped for almost two weeks outside the National Press Club.

The observation by the Supreme Court came during the hearing of a petition filed by lawyer Aitzaz Ahsan against enforced disappearance and the directives of the high court came in response to a petition moved by Sammi Deen Baloch — an organiser of the Baloch long march against enforced disappearances and extrajudicial killings in Balochistan.

At the fag end of Wednesday’s hearing on enforced disappearances, Chief Justice of Pakistan (CJP) Qazi Faez Isa observed every citizen had the right to protest. “Let them exercise this right to their heart’s content; unless they destroy public properties or resort to violence, there must not be any reason to curtail the right to protest let alone by force,” CJP Isa observed without naming the protesters from Balochistan.

“We don’t want these sorts of tactics employed by a responsible state against the protesters,” he said while heading a three-member bench comprising Justice Muhammad Ali Mazhar and Justice Musarrat Hilali.

The top court also appointed senior counsel Faisal Siddiqi as amicus curiae to assist it with a direction that his expenses for travelling and lodging would be borne by the government. On Jan 2, Justice Isa had resolved to sort out the emotive and chronic malaise of enforced disappearance once and for all.

Missing persons’ commission

During the hearing, The court specifically asked about the working of the Commission of Enquiry on Enforced Disappearances, which was headed by Javed Iqbal, and comprising former judges Amanullah Yasinzai, Zia Pervez, and retired IGP Mohammad Sharif Virk.

The SC was informed by Defence for Human Rights Chairperson Amina Masood Janjua, Aitzaz Ahsan, lawyer retired Col Inamur Rahim and others – who appeared before the court – about their dissatisfaction regarding the functioning of the commission.

The court also expressed its surprise that the members of the commission were also getting regular emoluments in addition to pensions. When asked, Attorney General for Pakistan (AGP) Mansoor Usman Awan said he had to look into the terms and conditions of the notification on the appointment of the commission to ascertain the facts. The CJP reminded that the retired judges cannot be paid extra emoluments when assigned tasks on behalf of the government.

When told that the commission had issued production orders (PO) in favour of missing persons, the court ordered the commission to furnish complete information. A copy of the report will be provided to the AGP who will then submit a comprehensive report before the Supreme Court, explaining whether or not these POs were complied with by the relevant departments.

During the hearing, Faisal Siddiqui referred to the first report of the commission headed by retired justice Kamal Mansoor Alam in 2010, highlighting that it issued 645 POs but only 51 were complied with.

The said report also concluded that relevant actors of the state were allegedly involved in the enforced disappearances, the counsel reminded. The AGP, however, stated that the commission had the power to issue contempt notice to elements who defied its orders.

Justice Isa said the court would end the practice of enforced disappearances and added that the top court wanted that people should not be picked up illegally. “We want a written assurance from the government so that consequences may follow in case of any non-adherence,” he added.

The CJP said the issue of missing persons was different in provinces, like Balochistan and Khyber Pakhtunkhwa, adding that he was fully aware of the issues faced by people in Balochistan. The CJP recalled how he was told not to take a suo motu when 32 pilgrims were killed in Mastung on their way to pilgrimage. “Only yesterday, six barbers were killed in Waziristan,” the CJP regretted.

“The state has to make efforts to change this mindset by employing the entire machinery which the orders of the court cannot do,” the CJP observed. Referring to the case of missing Masood Janjua, who went missing on July 30, 2005, while travelling from Rawalpindi to Peshawar, the court recalled that Amina Masood Janjua had also approached the commission but she was not satisfied with its performance. Ms Janjua said she needed the truth for her family and added the incumbent army chief Asim Munir “may be of any help” in this regard.

The CJP observed that the army chief must have been a captain or a major at the time and had nothing to do with the said case. The petition will be taken up again after two weeks.

Police restrained

At the IHC, Justice Mohsin Akhtar Kayani took up the petition of Ms Baloch and summoned the Islamabad deputy commissioner as well as the SSP. Justice Kayani remarked that the administration in the past tolerated months-long protests at Constitution Avenue in which the protesters used “abusive language against the judiciary”.

He directed the police and district administration not to forcibly disperse the protesters and summoned the SSP and DC Islamabad on January 5.

In her plea, Sammi Deen Baloch said the long march entered Islamabad on Dec 20, 2023. The protesters remained peaceful, yet, the police and district administration intimidated them without any reason. It said that on Dec 21, Baloch women activists were unlawfully detained at G-7 Women Police Station.

The petition said that the Baloch Yakjehti Committee announced a seminar and an intellectual session at the sit-in camp and the police attempted to spoil the event. The petition requested the court to restrain the police and district administration from forcibly removing, and deporting the protesters. It also sought action against the officials responsible for humiliating, intimidating, and harassing the peaceful protesters.

Published in Dawn, January 4th, 2024