2012 SCMR 1928 (PLP)
PRESIDENT BALOCHISTAN HIGH COURT BAR ASSOCIATION — Petitioner/Applicants Versus FEDERATION OF PAKISTAN and others — Respondents
| Citation | 2012 SCMR 1928 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Iftikhar Muhammad Chaudhry, C.J., Jawwad S. Khawaja and Khilji Arif Hussain, JJ |
| Parties | PRESIDENT BALOCHISTAN HIGH COURT BAR ASSOCIATION — Petitioner/Applicants Versus FEDERATION OF PAKISTAN and others — Respondents |
| Primary Law | Constitution of Pakistan |
Q1: What are the key laws and sections cited in 2012 SCMR 1928 (PLP)?
This judgment primarily cites: Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2012 SCMR 1928 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Iftikhar Muhammad Chaudhry, C.J., Jawwad S. Khawaja and Khilji Arif Hussain, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 SCMR 1928 (PLP) (PRESIDENT BALOCHISTAN HIGH COURT BAR ASSOCIATION — Petitioner/Applicants Versus FEDERATION OF PAKISTAN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----Art. 184(3)---Constitutional petition under Art.184(3) of the Constitution concerning law and order situation in Balochistan Province---Issue of missing persons and target killings of citizens---Process for conflict resolution---Measures for reconciliation process suggested by former Chief Minister of Balochistan Province, who was also head of a political party---Supreme Court directed the Provincial Chief Secretary to bring the said suggested measures into the notice of the concerned authorities, including, Prime Minister and Heads of different intelligence agencies and give the Supreme Court reaction of said functionaries in black and white on the next date of hearing of the case---Order accordingly.
- Malik Zahoor Shahwani, Advocate/President Balochistan High Court Bar, Sajid Tareen, Advocate/Vice President and Sardar Akhtar Jan Mengal for Petitioner.
- Date of hearing: 27th September, 2012.
- Nasarullah Baloch (in C.M.A. 178-Q of 2012), Mahmood A. Sheikh, Advocate-on-Record. and Ms. Tehniat Zahra, Advocate/Member PIHRO (in C.M.A. 3966 of 2012) for Applicants.
- Munir Piracha, Advocate Supreme Court and Masoodur Rehman Tanoli, Dir. NCMC for M/o Interior.
- Raja Muhammad Irshad, Senior Advocate Supreme Court for IG FC.
- Rana M. Shamim, Advocate Supreme Court for FBR.
Headnotes / Summary
Book titled Zulfiqar Ali Bhutto - Afwah aur Haqiqat composed by Altaf Ahmad Qureshi ref. Nasarullah Baloch (in C.M.A. 178-Q of 2012), Mahmood A. Sheikh, Advocate-on-Record. and Ms. Tehniat Zahra, Advocate/Member PIHRO (in C.M.A. 3966 of 2012) for Applicants. Irfan Qadir, Attorney-General of Pakistan for Federation of Pakistan. Commander Hussain Shahbaz, Dir(L) for M/o Defence. Munir Piracha, Advocate Supreme Court and Masoodur Rehman Tanoli, Dir. NCMC for M/o Interior. Amanulah Kanrani, A.-G., Azam Khatak, A.A.-G. and Babar Yaqoob Fateh Muhammad, Chief Secy. for Government of Balochistan. Raja Muhammad Irshad, Senior Advocate Supreme Court for IG FC. Rana M. Shamim, Advocate Supreme Court for FBR.
Judgment & Decree
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.
Sardar Akhtar Jan Mengal, former Chief Minister and Head of Balochistan National Party, in pursuance of direction of this Court dated 20-9-2012 appeared to assist the Court to resolve the issue of missing persons and target killings of the citizens in the Province of Balochistan. He briefed the Court by making oral submissions and also placed on record extract from the book titled Zulfiqar Ali Bhutto - Afwah aur Haqiqat composed by Altaf Ahmad Qureshi. He has suggested different ways and means to resolve the issues, which are being faced by the residents of the Province. He has also placed on record a statement in writing under his signature, one of the paras along with suggestions thereof reads as under:-- "Before initiating a meaningful process of conflict resolution it is imperative that the Government of Pakistan should take and practically implement some measures which are must to build a conducive atmosphere for Baloch reconciliation process:-- (1) All covert and overt military operations against the Baloch should immediately be suspended. (2) All missing persons should be procured before a court of law. (3) All proxy death squads operating under the supervision of Inter Services Intelligence (ISI) and Military Intelligence (MI) should be disbanded. (4) Baloch political parties should be allowed to function and resume their political activities without any interference from intelligence agencies. (5) Persons responsible for inhuman torture, killing and dumping of dead bodies of the Baloch political leaders and activists should be brought to justice. (6) Measures should be taken for the rehabilitation of thousands of displaced Baloch living in appalling condition. After taking the above mentioned confidence building measures, a meaningful negotiation between the recognized and genuine representatives of the Baloch and military establishment could take place to decide the future relationship of Balochistan."
2. On 19-9-2012, we had asked the Chief Secretary, Government of Balochistan to bring the issues highlighted therein into notice of the Prime Minister (Chief Executive), Governor, Chief Minister of Balochistan as well as the heads of the agencies. Although he had meetings with the said functionaries, but it seems that so far no fruitful results have come out. Be that as it may, as the matter is pending, and is now likely to be concluded, therefore, we direct him that he should bring the above suggestions of Sardar Akhtar Jan Mengal into the notice of the concerned authorities, including, Prime Minister, Heads of ISI, MI, IB, etc. As the Chief Secretary along with Inspector General of Police has travelled all the way from Quetta and realizing the importance of the issues and the hearing of the case before this Court, he may discuss the issue as already directed by this Court vide order referred to above, and the suggestions which Sardar Akhtar Jan Mengal has made today in Court keeping in view the previous general situation in the Province of Balochistan, and give us the reaction in black and white of all those functionaries on 28-9-2012.
3. We place on record our thanks and appreciation for Sardar Akhtar Jan Mengal who has come forward to provide assistance to this Court for the purpose of resolving the issues raised in the petition moved by the High Court Bar Association. MWA/P-19/SC Order accordingly.