1998CLC1119 (PLP)

4. The learned Additional Sessions Judge, Sheikhupura on being entrusted with the inquiry proceeded to depute the Senior Superintendent of Police, Sheikhupura, to ensure the service of all the police officials. They were also directed to submit their written statements and parawise comments.

5. Mr. Shabbar Raza Rizvi, learned counsel appearing on behalf of the respondents Nos. 1 to 3 submits that the petition is misconceived. He maintains that all the District and Sessions Judges have been vested with the authority to examine the case of Human Rights violation pursuant to the declaration made by the Chief Justices Committee on 14‑8‑1991 commonly known as Quetta Declaration. It was decided therein that:‑‑‑ "All organs of the State as well as all citizens are expected to contribute and actively participate in the enforcement of the Scheme. However, the Bar and especially the statutory organizations thereof shall act as vanguard and main vehicle for the success of the scheme‑‑‑the judiciary providing the necessary umbrella to every one who would strive for it but all in accordance with law and remaining strictly within the Constitutional set‑up of Pakistan (In-Shallah) "(PLD 1991 Journal 126) He laid a great stress on the wording of the abovereferred para. of the resolution and maintained that the Committee of the Chief Justices had emphasised that, Judiciary shall provide the necessary umbrella to every‑one who would strive for it.

6. It was further argued that the third tier of the Scheme pertained to District level organization. A Board for Awareness and Enforcement of Human Rights and Obligations at the district level was visualized with District and Sessions Judge as its director. The fourth tier was the constitution of Committees the Directors main function was set out as follows:‑‑‑ "On information received and/or discovery of any infringement of human rights from any source relating to their area, the committee will immediately take cognizance of the matter and try to rectify the infringement by all lawful means of persuasion, thereafter if it fails, the committee will, through its bar competent (Lawyers), take appropriate action in existing legal forums e.g. by providing legal aid etc.;

7. In aid of his submission that Quetta Declaration has the force of law, Mr. Shabbar Raza Rizvi, Advocate, relied on observations made by my learned brother Ihsan‑ul‑Haq Chaudhry, J. in the Full Bench judgment delivered in commonly known Saima Waheed's case (PLD 1997 Lahore 301) to the effect that:‑‑‑ "We propose that the Government should enact law to provide a detailed machinery in this behalf and in the meanwhile, the petitions may be made to the District Judges of the place where the girl last resided with the parents. This could be done under the Quetta Declaration issued by the Chief Justices Committee on 14‑8‑1991. The relevant paras. reads as under:‑‑‑ "(2) to ensure that all citizens, particularly the deprived and unaided sections of the society become conscious and assertive of their rights and obligations as guaranteed and provided by Islam, the Constitution and the law in order to achieve this objective, to provide an efficient machinery at the door‑steps so that they can protect the rights and fulfil the obligations; (3)

Learned counsel for the petitioner however, pointed out that the above was just a minority view and could not be described as view of the Court.

8. Mr. Naveed Rasul Mirza, learned Additional Advocate‑General on the other hand, submits that Quetta Declaration is just a pious resolve and till date it has not been given effect to by either by the Federal or the Provincial Governments. Unless 'Quetta Declaration' is translated into law by the legislature, it can neither be executed nor implemented in a lawful manner. He placed emphasis on the last lines of the abovereferred resolution that judiciary would provide an umbrella only in "accordance with law and remaining strictly within un-Constitutional set‑up. Meaning thereby that any intervention on the pretext of violation of Human Rights has to be within the frame‑work‑of law. In the case in hand, it was suggested that the allegations made in the application to the learned Sessions Judge disclosed the commission of penal offences. Remedy of private complaint, as such, was the more proper course for the respondents.

8. I have heard the learned counsel for the parties at considerable length. I do feel the Quetta Declaration is a charter of great potential and could prove as a panacea for the miseries and inhuman treatment meted out to the people of this country. Unfortunately over six years have gone by but no heed has been paid by the Government to legislate on the lines proposed by the Chief Justices Committee or to set up an infra structure for its implementation.

9. In the absence of any steps having been taken to implement the "Quetta Declaration", it cannot be held that the learned Sessions Judges stand vested with any authority by virtue of the said Declaration. The order passed by the learned Sessions Judge, Sheikhupura on 25‑2‑1998 assuming jurisdiction as Chairman Human Rights is, thus, declared to be without lawful authority and the inquiry being conducted by the learned Additional Sessions Judge is held to be of no consequence.

10. However, respondents Nos. l to 3 cannot be allowed to suffer for an act of default of Court. Their application made to the Sessions Judge, discloses commission of penal offences. The said application is ordered to be transferred to the Court of concerned Judicial Magistrate, who will treat the same as a private complaint and proceed in this behalf expeditiously, keep the learned Sessions Judge posted with the progress every four weeks.

11. With the above observation, this petition is accepted. There will be no order as to costs. A.A./N‑96/L??????????????????????????????????????????????????????????????? ??????????? Petition accepted