By Ansar Abbasi
ISLAMABAD: The case of newly discovered 11 missing persons, presently being heard by the Supreme Court, is yet another reminder of how callously intelligence agencies of the country operate without showing any respect to rule of law.
The saga of missing persons seems to be getting more and more complicated with every passing day as the governments, whether federal or provincial, political parties and parliament are simply incapable or indifferent to providing the needed support to the Supreme Court to keep intelligence agencies under check and to make them behave as per the law of the land.
Illyas Siddiqui, the attorney of these 11 persons, insists that the Lahore High Court had ordered the release of these 11 persons on July 21, and on July 28, the orders of the court were received by the Adiyala Jail’s superintendent but instead of releasing them, the jail authorities handed them over to intelligence agencies on July 29, from the main gate of the jail. He also referred to a video evidence to prove his point.
Siddiqui did not precisely name as to which intelligence agency had abducted these persons, all of whom were acquitted in terrorism cases, including rocket attack on the Pakistan Aeronautical Complex, Kamra, anti-aircraft shots fired at a plane carrying former President Pervez Musharraf and suicide attacks on the bus of an intelligence agency in Rawalpindi and at the main entrance of the GHQ.
A deputy attorney general told the apex court that none of the three leading intelligence agencies — ISI, MI and IB — have in their custody any of these missing persons. The Punjab government authorities also don’t admit that the acquitted persons were handed over to any of the intelligence agencies but say that all the persons were released as per the high court’s order.
The then Home Secretary, Nadeem Hasan Asif, said that after their acquittal by the court in terrorism cases, the Punjab government, on the recommendation of CID, kept them under detention, initially under Maintenance of Public Order (MPO) and later by invoking the Anti-Terrorism Act.
But when the LHC set aside these detention orders, Nadeem told The News, the jail authorities were asked to release all the acquitted persons. When asked, Nadeem said that none of the intelligence agencies, including ISI, MI and IB, had approached him either to keep these persons under detention or hand them over to the spy agencies.
On the files of the provincial government, all these detainees were released from the Adiyala Jail. However, when they were to be released, quite a reasonable number of their relatives were waiting outside the Adiyala Jail to receive their acquitted relatives. The superintendent and the deputy superintendent of Adiyala Jail have already been arrested from the Supreme Court following the court’s order.
No matter what the government files read, some of the provincial government authorities do believe that these 11 persons would have been in the illegal custody of the intelligence agencies.
Six out of these 11 persons are those who were acquitted in a case of attack on the ISI bus near Hamza Camp on the morning of November 24, 2007, killing 17 persons and injuring 35 others. According to media reports, the Punjab Police had held the intelligence agencies responsible for their acquittal on grounds of non-cooperation and mishandling of the case.
The report said that these six people were first picked up by intelligence agencies and were latter handed over to the Punjab Police after almost nine months of detention with not a single evidence provided to police and the spy agencies even refused to share any information gathered from the illegal detainees. These reports were carried by the national press in June this year and neither the Punjab Police nor the ISPR or any intelligence agency had rebutted the news.
Establishment’s policy of exploiting sectarianism is giving fruits–> a note on recent attacks on qadiyani worship places and mausoleum of ali hajveri
The strategy to exploit sectarianism to expand the war and extend the rule is hitting us badly. Previously attacks on qadiyani worship places and now mausoleum of ali hajveri not only show the incompetency of our security institutions but also show how bad the policies pay which are made with a narrow mindset filled with greed and prejudice. The logics like “Masjid e Zarrar” which were floated in the masses when they attacked lal masjid in Islamabad,bombed madrissahs resulted in the killings of innocent children,women and men in tribal areas, all in the name of “War on Terror” has resulted in more terror. The policy of divide and rule is giving its fruits.
So called nationalism and sectarian backed liberalism is hitting us bad. We really need to find a peaceful way out of this war. The war has strongly damaged our social fabric, now the diversity and some academic and historical differences which were there in the form of different sects like shia,sunni,wahabi,deobandi etc have now turned into a clash. All this was done deliberately like it is done in Iraq, Afghanistan and even in this region during 1757-1857 British takeover of Indian Sub-continent. In all cases local corrupt elite in politics, mercenary forces or so -called intellectual classes played their dirty role. If Musharraf has to be trialed someday, this crime alone should be enough to give him an exemplary punishment but the problem is current Zardari-Kiyani duo is toeing the same policies.
Whether innocent people are dying in drone attacks, military operations or suicide bombings the historical fact is they don’t add to the cause of peace but result in more terrorist activities which lead to more military operations and so this vicious cycle of death and fear is going on and on with no real directions.
We strongly oppose the innocent killings in the name of war, revenge or in any name. We demand a peaceful way out of this imperialist war against peace, humanity and justice.
Just a message for all:
“O ye who believe! Be steadfast witnesses for Allah in equity, and let not hatred of any people seduce you that ye deal not justly. Deal justly, that is nearer to your duty. Observe your duty to Allah. Lo! Allah is Informed of what ye do.” (Al-Maeda:8)
Is this war really our war? It is destroying our lives,economy,social fabric and except a few from elite who are benefiting from all this rest are just suffering.
Lahore- Amin Fahim, The Pakistani federal minister for commerce has warned about the possibility of not achieving the export targets if electricity crisis and the law and order situation do not see any positive change.
He also said that terror attacks are making the foreign investor to reconsider their strategy in Pakistan.
He also told the media that the government is trying to Persuade United States, European Union and friendly Muslim countries to provide free market access to Pakistani products to revive its economy.
He was talking to the media during his visit to Lahore Expo Center.He said Rs3.5 billion needed for its completion have been sanctioned and the center would hopefully be operational in two months.
According to Fahim every time a bomb blast occurs foreign countries gave new advice to their citizens.
Pakistan being the front-line state of ongoing war in the region has suffered great economic and human losses as a price for its role in the war.The problems got worse with another ongoing issue of electricity affecting the industrial productivity especially for export goods.
PPP and Zardari especially have shown their incapability to run their country and hide their corruption.
In order to overshadow their weaknesses they are trying to go in a clash with institutions and other forces especially judiciary so that they can come out as victims.
The recent notification of President Zardari is also an attempt in this direction.
Supreme Court has rightly suspended the unconstitutional notification of Zardari to appoint the judges against the advice of Chief Justice.
In cases where president or governor or anyone requires consultancy means they need to consult the office whose consent is required for must. And the office being consulted needs to agree with the position otherwise the decision will not be implemented.
However in case of an advice given by the office whose consultancy is required for must, the advice needs to be implemented. It not only happens in SC CJ but also for PM advice to President, CM advice to governor and Provincial HC advice to government.
The office which needs consultancy (here presidency) cannot take the decision on their own on the matters where consultancy is required.
SC also has the duty (not only right) to interpret the wordings of the constitution. This
is not only in case of Pakistan but in most part of the world including so-called mother of
In this case which comes under article 177 the situation is same. Article says:
“177. Appointment of Supreme Court Judges.
(1) The Chief Justice of Pakistan shall be appointed by the President, and each of the other Judges shall be appointed by the President after consultation with the Chief Justice.
(2) A person shall not be appointed a Judge of the Supreme Court unless he is a citizen of Pakistan and-
(a) has for a period of, or for periods aggregating, not less than five years been a judge of a High Court (including a High Court which existed in Pakistan at any time before the commencing day); or
(b) has for a period of, or for periods aggregating not less than fifteen years been an advocate of a High Court (including a High Court which existed in Pakistan at any time before the commencing day). “
The role of president here again is of just giving Presidential approval.
This is adapted from British system where in issues like these “Royal Assent” is required and even if it is not given due to some reason it is assumed that it is given after some given period but in this case formal approval is required.
According to the interpretation in Judges Case or Al-Jihad Case,in the appointment of the Supreme Court Chief Justice seniority principle will prevail and senior most will be made the Chief Justice (This was done to ensure judicial independence from executive discretion).
The issue currently is of new appointments in Supreme Court as Justice where the
consultation is binding on the president not the seniority principle.
Similarly in appointments of the High Court judges the consultation from CJ is binding on the president according to article 193.
SC once again proved their independence and their will to strengthen the judiciary by stopping the PLUTOCRATS to damage the federation for their evil goals.
Delaying the appointments of judiciary in High Courts is also an attempt by government to not only undermine judiciary but also to frustrate the common man from judiciary.
Another motive is to start a seniority issue between judges to break their strength but this also has failed.
For once we need to go for across the board accountability without becoming a prey of illusions created by the players of National Security Card, Democracy Card, Shaheed Card, Ethnic Card, Sectarian or any other Card.
Anyone who wants strong Pakistan instead of few faces ruling the country cannot afford a weak judiciary.
Also, the commitment for free judiciary shown by Justice Saqib Nisar and Justice Khwaja Shareef is appreciable.
Student Action Committee (SAC) Protest For Missing Persons
Saturday, 30th January 2010,
3:30 – 5:30 p.m.
Liberty Roundabout, Lahore
“They disappear without a trace. Their families exist in torturous limbo. They lay awake wondering about their loved ones’ whereabouts and condition. Terrifying thoughts come to their minds evoking tears and a jolt to their heart. Their meaning of life altered. Forever”
Since the start of the US led war on terror in 2001 hundreds of people have been illegally picked up from Pakistan. Amnesty International has stated that Pakistan has detained hundreds of alleged terror suspects without legal processes. It has been speculated that some were tortured or otherwise ill-treated, some were sold to the US military and others vanished without a trace. Some of the missing were Al-Qaeda suspects but others included innocent women and children. The families of missing persons in Pakistan have been running exhaustively in search of justice and information about their loved ones. They see no light at the end of the tunnel.
For too long us Pakistanis have remained silent as things around us spiral out of control. If you want to make a difference, it is time to stand up, be heard and be counted, for history will never forgive us for being indifferent to the plight of our people.
Join us to protest against the forced abductions of the citizens of Pakistan and demand their immediate return to the country.
‘Our lives begin to end the day we become silent about things that matter’
– Martin Luther King, Jr.