2013 PLP 103 (SCMR)
Dr. AKMAL SALEEMI and others — Petitioners Versus FEDERAL GOVERNMENT and others — Respondents
| Citation | 2013 PLP 103 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Iftikhar Muhammad Chaudhry, C.J., Gulzar Ahmed and Sh. Azmat Saeed, JJ |
| Parties | Dr. AKMAL SALEEMI and others — Petitioners Versus FEDERAL GOVERNMENT and others — Respondents |
| Primary Law | (a) Supreme Court Rules, 1980, (b) Supreme Court Rules, 1980 |
Q1: What are the key laws and sections cited in 2013 PLP 103 (SCMR)?
This judgment primarily cites: (a) Supreme Court Rules, 1980, (b) Supreme Court Rules, 1980 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2013 PLP 103 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Iftikhar Muhammad Chaudhry, C.J., Gulzar Ahmed and Sh. Azmat Saeed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2013 PLP 103 (SCMR) (Dr. AKMAL SALEEMI and others — Petitioners Versus FEDERAL GOVERNMENT and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Tariq Asad, Advocate Supreme Court for Petitioners.
- Date of hearing: 4th December, 2012.
- Raja Abdul Ghafoor, Advocate-on-Record for CDA.
Headnotes / Summary
(Prevention from Extra Judicial Killings of Innocent Persons in the Premises of Lal Masjid and Jamia Hafsa).
O.XXXII
Constitution of Pakistan, Art. 184(3)
Appointment of Commission by Supreme Court
Matter concerning extra judicial killings of innocent persons in the premises of Lal Masjid and Jamia Hafsa
Appointment of Judicial Commission by the Supreme Court
Reportedly, a large number of people had lost their lives in the incident of Lal Masjid/Jamia Hafsa and property of Jamia Hafsa had also been damaged
Allegations and counter-allegations were made by the police, complainant, victims and their relatives but in the absence of any concrete evidence and findings, it would not be possible to finally conclude the matter
Supreme Court appointed Judge of the Federal Shariat Court as Commission to probe into the present matter with the directions that he might follow procedure laid down in Order XXXII of Supreme Court Rules, 1980 and submit a report as far as possible within 45 days.
O. XXXII
Constitution of Pakistan, Art. 184(3)
Appointment of Commission by Supreme Court
Matter concerning extra judicial killings of innocent persons in the premises of Lal Masjid and Jamia Hafsa
Appointment of Judicial Commission by the Supreme Court
Appointment of Judge of the Federal Shariat Court as Commission to probe into the matter
Terms of reference of said Commission were: to probe as to what were the causes of the incident, which took place at Lal Masjid/Jamia Hafsa between 2nd July, 2007 to 12th July, 2007: to probe as to how many persons, if any, made or female, civilian or law enforcement agencies personnel lost their lives: to probe whether the dead bodies of all the persons, who had lost their lives during the incident, were identified and were handed over to the legal heirs, after observing the codal formalities: to probe whether any compensation had been paid to the legal heirs of the victims by the State; to probe whether any action had been taken under the law against the persons, who were found responsible by the police and, if so, to what effect; to probe whether on the basis of the material collected, it was possible at the present stage to fix the responsibility upon the personnel of security agencies or other individuals responsible for the incident; to probe if there was any person(s), male or female, who was reportedly missing during the incident
Supreme Court directed that the Commission could give any recommendations other than the terms of reference
Order accordingly. Zafar Mehmood Mughal, D.A.-G. and Tahir Alam, A.I.-G. Police, Islamabad for Federation. Raja Abdul Ghafoor, Advocate-on-Record for CDA.
Judgment & Decree
These matters are pending before this Court since long. We had been issuing directions from time to time to the Police Department to probe into the matter but so far no satisfactory action has been taken. We understand that in the unfortunate incident of Lal Masjid/Jamia Hafsa reportedly a large number of people had lost their lives and the property of the Jamia Hafsa had also been damaged. There are allegations and counter-allegations by the police and the complainant, victims and their relatives but in the absence of any concrete evidence and findings, we are of the opinion that it would not be possible to finally conclude this matter.
2. Therefore, it is decided to appoint a Commission, who shall probe into the matter in accordance with the following terms of references:-- (i) What were the causes of the incident, which took place at Lal Masjid-Jamia Hafsa in between 2nd July, 2007 to 12th July, 2007? (ii) How many persons, if any, male or female, civilian or law enforcement agencies personnel lost their lives? (iii) Whether the dead bodies of all the persons, who had lost their lives during the incident, were identified and were handed over to the legal heirs, after observing the codal formalities? (iv) Whether any compensation has been paid to the legal heirs of the victims by the State? (v) Whether any action has been taken under the law against the persons, who were found responsible by the police and if so to what effect? (vi) Whether on the basis of the material collected, it is possible at this stage to fix the responsibility upon the personnel of security agencies or other individuals responsible for the incident? (vii) Is there any person(s), male or female, who was reportedly missing during the incident? (viii) Any recommendations other than the points noted herein above?
3. Mr. Justice Shahzado Sheikh, Senior Puisne Judge of the Federal Shariat Court is appointed as Commission. He may follow the procedure laid down in the Order XXXII of the Supreme Court Rules, 1980 and submit a report as far as possible within 45 days, after receipt of the above order.
4. The office is directed to send the photo-stat copies of the record of these cases to the learned Commission to facilitate it in submitting the report. MWA/A-32/SC Order accordingly.