2012SCMR897 (PLP)
PRESIDENT. BALOCHISTAN HIGH COURT BAR ASSOCIATION — Petitioner Versus FEDERATION OF PAKISTAN and others — Respondents
| Citation | 2012SCMR897 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Iftikhar Muhammad Chaudhry, C.J., Khilji Arif Hussain and Tariq Parvez, JJ |
| Parties | PRESIDENT. BALOCHISTAN HIGH COURT BAR ASSOCIATION — Petitioner Versus FEDERATION OF PAKISTAN and others — Respondents |
| Primary Law | (b) Constitution of Pakistan, (a) Constitution of Pakistan |
Q1: What are the key laws and sections cited in 2012SCMR897 (PLP)?
This judgment primarily cites: (b) Constitution of Pakistan, (a) Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2012SCMR897 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Iftikhar Muhammad Chaudhry, C.J., Khilji Arif Hussain and Tariq Parvez, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012SCMR897 (PLP) (PRESIDENT. BALOCHISTAN HIGH COURT BAR ASSOCIATION — Petitioner Versus FEDERATION OF PAKISTAN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nemo for Petitioner.
- Nemo for M/o Defence, FC & IB. Date of hearing: 17th April, 2012.
- 2. However, today Mr. Amanullah Kanarani, learned Advocate-General Balochistan has appeared along with Mr. Muhammad Tariq, Acting SP Operations, Quetta City and states that in compliance ofdirections of this Court, all the three persons i.e. Dr. Naseer Ahmed, Akhtar Langoo and Abdul Hafeez Rodiani have been recovered as they at their own had reached to their houses; according to him in this behalf they have, also got recorded their statements under S.161, Cr.P.C. recorded by SHO, Police Station Jinnah Town, Quetta; copies of the same have been placed on record; all these statements are stereo type in nature, however, one of the same is reproduced hereinbelow for the sake of convenience:--
- 3. Similarly, on the last date of hearing seven persons were found missing from the area of Saryab (Quetta); however, they have also been recovered by the police and it is alleged that they were picked up by the agencies but to establish this assertion, no evidence/proof has been furnished nor anybody is willing to disclose the name of the agencies because we have enquired from the police but they, as usual; express their inability in this regard. Be that as it may, the Advocate-General Balochistan is directed to produce these persons in Court on the next date of hearing at Quetta.
- 4. The learned Advocate-General further states that remaining directions issued by this Court on 5th and 6th April, 2012 and subsequent thereto shall be complied with; therefore, some time be allowed to do the needful before the next date of hearing.
- We may reiterate here that it is the duty of the Provincial as well as Federal Government to maintain law and order and to provide security to the life and property of the citizen being subject of the Constitution. The situation, which is prevailing in the Province of Balochistan, as already explained in our earlier orders, needs special interest and attention of both the Governments i.e. Provincial and Federal. Copies of the orders dated 5th and 6th April, 2012 have already been sent to both the Governments but no response so far has been received either from the Federal Government or the Provincial Government; however, since the learned Advocate-General has requested for time to comply with the directions contained in the said orders, therefore, the case is adjourned to 30-4-2012. Copy of this order be also sent to all concern as per directions contained in order dated 13-4-2012 (para-7).
Headnotes / Summary
Arts. 9 & 184(3)
Constitutional petition under Art. 184(3) of the Constitution for recovery of missing persons in the Province
Duties of police and Levies Force
Scope
Prima facie it was the duty of Police and Levies to provide protection to the life and security to the citizens in urban and rural areas in terms of Art. 9 of the Constitution.
Arts. 9, 24 & 184(3)
Constitutional petition under Art. 184(3) of the Constitution for recovery of missing persons in the Province--Security of person
Duties of Provincial and Federal Government
Scope
Provincial and Federal Government were under the duty to maintain law and order and to provide security to the life and property of the citizens being subject of the Constitution
Supreme Court observed that situation prevailing in the Province needed special interest and attention of both Provincial and the Federal Governments. Shafi M. Chandio, D.A.-G. on Court Notice. Amanullah Kanarani, A.-G. and Muhammad Tariq, SP City Quetta for Government of Balochistan.
Judgment & Decree
On 6-4-2012, it was brought to the notice of the Bench of this Court functioning at Quetta by one Ms. Rukhsana Baloch that his brother Dr. Naseer Ahmed and his friends namely Akhtar Langoo and Abdul Hafeez Rodiani are missing since 3-4-2010. Accordingly, the IGP/PPO Balochistan was directed to recover these persons and produce them before the Court. The IGP promised for their production in Court on 10-4-2012 but he failed to do so; however, stringent directions were issued by this Court to the IGP as well as the Acting SP Operations, Quetta for recovery and production of above named persons. We may point out here that this Court is prima facie of the view that without identification by the Police and Levies Force or any other such like source; it is not possible for any of the agencies, if at all they want to pickup a person;
2. However, today Mr. Amanullah Kanarani, learned Advocate-General Balochistan has appeared along with Mr. Muhammad Tariq, Acting SP Operations, Quetta City and states that in compliance ofdirections of this Court, all the three persons i.e. Dr. Naseer Ahmed, Akhtar Langoo and Abdul Hafeez Rodiani have been recovered as they at their own had reached to their houses; according to him in this behalf they have, also got recorded their statements under S.161, Cr.P.C. recorded by SHO, Police Station Jinnah Town, Quetta; copies of the same have been placed on record; all these statements are stereo type in nature, however, one of the same is reproduced hereinbelow for the sake of convenience:-- Sd/- Station Investigation Officer Police Station Jinnah Town Quetta The above version could not be accepted to be true unless it is testified by the Police authorities because it remains prima facie duty of the Police and . Levies to provide protection to the life and security to the citizens in urban and rural areas in terms of Article 9 of the Constitution of Islamic Republic of Pakistan.
3. Similarly, on the last date of hearing seven persons were found missing from the area of Saryab (Quetta); however, they have also been recovered by the police and it is alleged that they were picked up by the agencies but to establish this assertion, no evidence/proof has been furnished nor anybody is willing to disclose the name of the agencies because we have enquired from the police but they, as usual; express their inability in this regard. Be that as it may, the Advocate-General Balochistan is directed to produce these persons in Court on the next date of hearing at Quetta.
4. The learned Advocate-General further states that remaining directions issued by this Court on 5th and 6th April, 2012 and subsequent thereto shall be complied with; therefore, some time be allowed to do the needful before the next date of hearing. We may reiterate here that it is the duty of the Provincial as well as Federal Government to maintain law and order and to provide security to the life and property of the citizen being subject of the Constitution. The situation, which is prevailing in the Province of Balochistan, as already explained in our earlier orders, needs special interest and attention of both the Governments i.e. Provincial and Federal. Copies of the orders dated 5th and 6th April, 2012 have already been sent to both the Governments but no response so far has been received either from the Federal Government or the Provincial Government; however, since the learned Advocate-General has requested for time to comply with the directions contained in the said orders, therefore, the case is adjourned to 30-4-2012. Copy of this order be also sent to all concern as per directions contained in order dated 13-4-2012 (para-7). M.W.A./P-7/SC Order accordingly.