2006 P Cr (PLP)

MUHAMMAD MUJEEBULLAH SIDDIQUI, J.

Grievance of the petitioner is that her husband Pesh Imam in a mosque situated in Gulshan-e-Hadeed, namely, Muhammad Alim Tariq son of Muhammad Hashim was arrested on 17-12-2005 by S.H.O. Police Station Shah Latif Town, Karachi and thereafter he has been handed over to other Law Enforcing Agencies and the whereabouts of Muhammad Alim Tariq are not known since then. S.H.O. Police Station Shah Latif Town has filed his comments denying arrest of Muhammad Alim Tariq by him and handing over such person to other Agencies. In similar terms, the Town Police Officer Bin Qasim has filed comments. The S.H.O. has also filed counter-affidavit. No fruitful purpose shall be achieved by mere directing to any other Authority for filing comments, and consequently the D.I.-G. (Operation), Karachi is directed to hold an enquiry into the matter after recording statements of the petitioner and any other witnesses the petitioner wants to produce and submit detailed report before this Court on the next date. The D.I.-G. (Operation) is further directed to constitute a team to search and discover the whereabouts 'of the missing person Muhammad Alim Tariq and produce him before this Court, wherever he may be or at least disclose the Agency in whose possession he is, so that appropriate order may be passed for his production before this Court. In case of failure, the D.I.-G. (Operation) shall appear in person before this Court and explain the circumstances and failure of the police in ascertaining the whereabouts of the missing citizen. As there is an allegation that some Federal Agency is holding the custody of missing person Muhammad Alim Tariq, therefore, the Secretary Interior, Government of Pakistan and Secretary Defence as well as Director-General Military Intelligence are directed to employ all resources at their disposal and procure the person and produce him before this Court. We would, however, like to clarify that the Court is not interested in stereo typed statement/affidavit, that the missing person is not in possession of any of the Agencies. If a citizen of this country is missing, it is the Constitutional responsibility of this Court to get the said person recovered and the Home Secretary, Government of Sindh, D.I.-G. (Operation), Secretary Interior, Government of Pakistan and all Agencies working under him, Secretary Defence and all Federal Agencies working under him, as well as Director Military Intelligence are responsible under the law and Constitution, to recover such person and produce him before this Court. All the above officers are directed to discharge their Constitutional responsibility and in case of failure the Officers not below the rank of Joint Secretary, Ministry of Interior and Ministry of Defence shall appear before this Court in person with the explanation about their failure in procuring the attendance of the missing person. Likewise, if the Director-General, Military Intelligence is not able to get any clue of the missing person, the Director Military Intelligence or any other Officer heading Military Intelligence posted at Karachi should appear in person in this Court to explain their failure in not procuring the missing person. We have observed in several petitions of similar nature that the situation is very alarming, as a large number of petitions are pouring in before the principal seat of this Court at Karachi, as well as, Sukkur Bench and Circuit Benches, Hyderabad and Larkana, complaining of missing, of the citizens who are clueless, in spite of passing of several months. We have already considered in another petition, the provisions contained in sub-Article (3) of Article 199 of the Constitution and have held that the Military officers/Agencies when they engage themselves in civil matters pertaining to common citizen, they do not enjoy any privilege or protection from answerability from this Court as this Court is the guardian and protector of life, liberty and property of the citizens under the Constitution and such matters pertain to a citizen who has no concern with the Military Organization. This Court cannot remain oblivious of the conditions prevailing at a particular point of time. The problem brought to us through this petition has assumed the national magnitude to the extent that Mr. S.M. Zafar, ex-Law Minister and sitting Senator from the Treasury Bench has raised this issue in the Senate and has expressed his concern over the situation. The Pakistan Army and all its subordinate Agencies are national assets and the credibility of the institution is required to be protected for the sake of integrity and security of this country. It is very alarming that in every petition directly or indirectly the Agencies under the Military Authorities are being involved and allegations are made that the missing persons are in their custody, where they are being denied human rights and are being treated in a manner not warranted in law. We, therefore, further direct that a copy of this order be sent to the General Headquarters, Army, Rawalpindi with the direction to place it before the Chief of Staff, and before the Corps Commanders Conference to consider this matter of national magnitude, in order to save the Institution of Military and its integrity, credibility and respect which is absolutely necessary and in the larger interest of the country. Report be submitted by the Officers concerned on 29-6-2006. A copy of this order be supplied to the learned Federal Counsel and learned Additional Advocate-General for transmitting the same to all concerned, as directed. H.B.T./N-16/K??????????????????????????????????????????????? Order accordingly.