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Petitioner: PRESIDENT BALOCHISTAN HIGH COURT BAR ASSOCIATION and others VS Respondent: FEDERATION OF PAKISTAN and others
Court Name: Supreme Court of Pakistan Judge(s): Jawwad S. Khawaja, Iftikhar Muhammad Chaudhry, Sh. Azmat Saeed Title:PRESIDENT BALOCHISTAN HIGH COURT BAR ASSOCIATION and others vs
FEDERATION OF PAKISTAN and others Case No.:Case No.7 of 2012, C.M.As. Nos.42, 43, 178-Q, 219-Q, 431-Q, 516-Q of 2012, 228-Q, 229-Q, 230-Q, 234-Q, 245-Q and 246-Q of 2013 Date of Judgment:2013-09-18 Reported As: 2014 SCMR 176 Result: Order accordingly Judgment ORDER ' IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---Keeping in view the miseries of the relatives of the missing persons, we have decided to take up the case of each missing person according to the list prepared by the officer:--2010, {{TABLE}} Sl. # NAME DATE PLACE Allegation on 1. Abdul Maalik son of Abdur khaliq 25-8-2011 PS Naushaki F.C. Brief Facts .Of the Case: Case F.I.R. No. 41 of 2012 under has been registered according to witness Zahoor Ahmed son of Bhai Ahmed stated that on 25-8-2011 at persons forcibly took (Abdul the case further progress is Bhai Khan caste Badini resident of section 161, Cr.P.C. And stated at that time I was at his home when forcibly took him away. Sections 147,148, 149, 365, P.P.C. inquiry 157(2), Cr.P.C. In which Khan and his brother Manzoor 2-15 p.m. Some unknown armed accused Malik) from his home. Police is investigating underway. Manzoor Ahmed son of Nushki has recorded statement under that the abductee is his cousin and three vehicles of FC came there and Last action taken by CID: On 4-10-2012 DPO Noshki vide letter to Home Secretary for of FC (POL TADA) if Last reminder No.834-5-A, dated awaited. No.8192/R, made official correspondence providing information about the Expenditures any, during the period of incidence. 13-8-2013 has been issued, reply still Order of the. Court: According to Judicial Inquiry conducted by the and the investigation conducted by District and Sessions Judge, Noshki CID, FC is responsible for his disappearance.
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Brief Facts of the Case: F.I.R. No.8 of 2010 under sections 365, 34, P.P.C. Dated 8-2-2010 Police Station Tump. On 8-2-2010, complainant Muhammad Anwar son of Abdul Rehman caste Baloch resident of Tump lodged a report at P.S. Tump that on 14-3-2007, his brother namely Muhammad Iqbal, aged 26/27 years went along with his friends for the purpose of picnic at. Klug, Ziarat, while on return he was abducted by the F.C. Personnel. A case F.I.R. No.8 of 2010 under section 365-34, P.P.C. Has been registered at Police Station Tump after revival of Levies, the case File was handed over to Tehsildar Levies Tump on 13-5-2010. The investigation is under process. Last JIT was held on 16-4- 2012 wherein all the members of the JIT stated that FC could not detain any person and whenever FC had detained any one in any doubt they have handed over him to the Police, Levies and Custom for proper trial.' FC has no information and has neither detained the missing person. ' Last action taken by CID: On 12-4-2013 complainant Muhammad Anwar has submitted an application before the Commission of enquiry at Sikandar Jamali Auditorium Quetta in which he refused to appear before the Commission due to the reason that since 2007 he is appearing before different Commission but in vain. 3. Dr. Din Muhammad Baloch 2-6-2009 Mashkey Khuzdar Intelligence Agencies Brief Facts of the Case: F.I.R. No.5 of 2009 under sections 365-147148/149, P.P.C. Of Police Station Oranch, Distt. Khuzdar. (1) That complainant Muhammad Ramzan who is cook in RHC Ornach reported that on the night between 28/29-6-2009 he and medical officer Dr. Din Muhammad Baloch were sleeping at his residence in RHC Ornach. At about 0100 hrs some unknown persons knocked the door and on the direction of Dr. Din Muhammad, he opened the door. At the same time, six muffled faces persons rushed inside along with their weapons and stuffed him inside the room after tying his hands and legs. Later, they forcibly took away Dr. Din Muhammad. After their departure he untied his hands and legs and went to Police Station to report. (2) That police registered a case F.I.R. No.5 of 2009 under sections 365- 147-148, P.P.C. At PS Ornach Khuzdar and started investigation. The Investigation Officer visited the place of occurrence and recovered pieces of robe, broken lock and shirt of Din Muhammad. The scene of crime is situated near Killi Barani, Ornach. The residence of Dr. Din Muhammad is situated within the premises of Hospital (RHC), the Investigation Officer also witnessed the foot prints of accused and tyre marks of vehicles used by them. It appeared that accused had come in one vehicle (Pickup) and easily flea away from the scene. (3) Investigation Officer of the case recorded statement under section 161, Cr.P.C. Of driver Haji Muhammad Anwar of RHC Ornach who stated that he went to his house after his duty was over in the evening and he came to know about the incident when he reached Hospital next morning and saw crowd and police party. Investigation Officer also recorded statement of watchman of RHC under section 161, Cr.P.C. Who has stated that on 29-6-2009 he finished his. Duty and went for sleeping to his room and when he woke up for Fajar prayer he came to know about the incident. From 8-3-2010 to 14-3-2010, Investigation Officer contacted brother of Dr. Din Muhammad namely Rehmatullah and Muhammad Siddique for assistance on cell No.0313-8399322, but they paid no attention. The complainant Muhammad Ramazan is also reluctant to provide any support to police. (4) Later-on, Home and Tribal Affairs Department Government of Balochistan, Quetta constituted JIT on the direction of apex Court in which members of ISI, M.I, IB and Special Branch were also called/ invited who denied about the custody of missing one. The complainant and brothers of Dr. Din Muhammad were requested to appear before JIT but they did not appear. (5) In a meeting at Quetta by the Home Secretary, Balochistan where representative of all intelligence agencies were present, Mr. Rehmatullah (brother of Dr. Din Muhammad) alleged intelligence agencies for his Enforced abduction, at no agency has owned his custody.
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(6) Police is doing all out efforts for his safe recovery but Mr. Rehmatullah is not cooperating with police to know any contact with culprits for release of the abductee. On 1-4-2011 a fresh meeting of JIT was convened in the office of the DPO, Khuzdar. The members of the JIT reached at the conclusion that:-- ' No one appeared in JIT on the behalf of Dr. Din Muhammad. Although his brother has submitted an application in Hon'ble High Court of Balochistan. However, the participants assured that the efforts will continue for tracing of the missing person. ' On 16-4-2012 a fresh meeting of JIT was convened in the office of the DPO, Khuzdar The JIT reached at the conclusion that:- ' Rehmatullah brother of the abductee attended the meeting on behalf of the missing person. The subject case was discussed in detail considering all its pros and cons in the presence of the attendants and the representative of abductee. The outcome of investigation by Police and detailed analyses by all members, the probability of missing person has gone on his own appears to be the main cause, whereas, a number of militant organizations are found involved in kidnapping of innocent people, the participants assured that the efforts will continue for tracing out the missing person. ' Last action taken by CID: All Intelligence Agencies MI/FC (MPC) has been approached vide this office letter No.10090-96/R (18) CID, dated 12-9-2013 for providing information about the abductee. Reply still awaited. ' Order of the Court: On 9-7-2012, the agencies represented through the Defence Ministry submitted before the Court that he is in Fran Camp, Manjan situated 15 Kilometers from Mashki but on behalf of the Government of Balochistan it was stated that the allegation is on FC. DIG Ghulam Rasool submitted a confidential report which was returned to him after perusal and the Chief Secretary and the Home Secretary were directed to convene a meeting of concerned Sector Commanders of the Agencies and find out the solution to effect recovery of the missing person but so far the missing person has not been recovered.2010, {{TABLE}} #TBS Intelligence Agency #TBE #TBS Khuzdar #TBE #TBS 2009 #TBE #TBS 20-12- #TBE #TBS Abdul Ghaffar son o Abdul Ghafoor #TBE ' Brief Facts of the Case: Case F.I.R. No.228/09 under sections 365, 147, 149, 337/H2 has been registered on 20-12-2009 at Police Station City Khuzdar. On 20-12-2009, Complainant Abdul Jabbar Mengal resident of Shahwani Abad reported that his brother Abdul Ghaffar aged 26/27 years was employed as Assistant in Education Labour Quetta and was at Khuzdar for the last 3 to 4 days. He was on his Alto Car in Khuzdar Bazar and at 3-30 p.m. Near Khandar Road Graveyard, two Double Door pickups stopped him by firing upon him. Some 15/20 unknown culprits took him forcibly in their vehicle and fled away towards unknown place. During investigation blood stained mud was obtained from the place of incident. No one from the locality disclosed about the incident. The complainant has not produced any evidence about the vehicle. The complainant expressed suspicion about the personnel of secret agencies and filed CP in the High Court of Balochistan. The complainant failed to produce any witness of the incident. Later on, he gave registration Nos. Of various vehicles of the agencies involved in the incident but on verification no vehicle of such number was found belonging to any agency. The statement of Moulana Mehmood Ghaznavi was recorded under During Joint Interrogation, brother of the abductee was appeared before the team who alleged that his brother was abducted by the agency personnel. He told that his brother had no enmity with anyone. The officers belonging to
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secret agencies in the team showed ignorance about the abductee. The office of the abductee was asked about his attendance that was found absent from his duty. ' C.P. No.789 of 2010 is sub-judice before the Hon'ble High Court of Balochistan. Last date of hearing was 22-3-2011 and next dated of hearing is fixed 12-4-2011. ' On 1-4-2011 a meeting of JIT was convened in the office of the DPO, Khuzdar and report has been prepared on the prescribed Performa. The members of the JIT reached at the conclusion that:-- ' Abdul Jabbar brother of abductee appeared in JIT on the behalf of Abdul Ghafar. He stated that the secret agencies are involved for the abduction of his brother, but he could not produce any substantial evidences. All the concerned agencies have expressed that they would try to utilize all available resources for recovery of missing persons. However, the participants assured that the efforts will continue for tracing of the missing person. ' PROCEEDINGS/ORDERS PASSED BY THE COMMISSION IN HIS HEARING HELD ON 4TH TO 8TH APRIL, 2011. ' The case was received from Director, Human Rights Supreme Court of Pakistan Islamabad vide H.R.C. No.23161-B of 2010. Previous Commission held meeting in this case 7th August, 2010. Constitution Petition No.789 of 2009 is pending adjudication in Hon'ble High Court, where next date of hearing is 12th April, 2011. (2) Affidavit from Abdul Jabber son of Haji Abdul Ghafoor is on record. Statement of Muhammad Naseeb and Muhammad Ishaq, eye-witnesses also on record. (3) Statement of Abdul Jabbar has been recorded; he was cross-examined by Janor Sohail Anwar of FC Balochistan and Cdr. Shahbaz MoD. (4) Abdul Jabbar undertakes to produce Muhammad Naseeb son of Raza Muhammad Noor at the next hearing. ' Adjourned for the hearing on 4th May, 2011. On 25-4-2011 a fresh meeting of JIT was convened in the office of the DPO, Khuzdar and report has been prepared on the prescribed 4.Performa. The members of the JIT reached at the conclusion that:-- ' Abdul Jabbar younger brother of abductee appeared in JIT on behalf of Abdul Ghafar. He stated that the secret agencies are involved for the abduction of his brother, but he could not produce any substantial evidences. The subject matter was discussed thoroughly in detail considering all its pros and cons in the presence of the attendants, present in the meeting the subject matter declared untraced. However, the participants assured that the efforts will continue for tracing out the missing person. All the Concerned agencies have expressed that they would try to utilize all available resources for recovery. ' On 16-4-2012, a meeting, of JIT was convened in the office of the DPO, Khuzdar and report has been prepared on the prescribed Performa. The members of the JIT reached at the conclusion that:-- ' Moulana Mehmood Ghazanwai and Abdul Jabbar brother of adbuctee appeared in JIT on behalf of Abdul Ghaffar. He stated that the secret agencies are involved for the abduction of his brother, but he could not produce any substantial evidence. All the concerned agencies have expressed that they would try to utilize all available resources for recovery of missing persons. However, the participants assured that the efforts will continue for tracing of the missing person. According to statement of complainant the case falls in the category of para 15(i). In conclusive, since the complainant have been killed by some unknown persons and the brother of missing person does not blame in any individual or LEAs for kidnapping of his brother therefore, the case falls in the category of para 15(ii). Brief Facts of the Case: On 30-4-2012 Complainant Mst. Sayed Bibi daughter of Dr. Akbad Marri resident of Killi Shahnawaz Quetta lodged a report that on 20-4-2010 at 1300 hrs four vehicles of FC/agency stopped in front of the chiltan clinic and forcibly took away his father to Dr. Akbar Marri son of Malik Bakhtiar Khan 20-4-2010 Sariab
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Quetta Police Last action taken by CID: JIT Meeting has been conducted on 25-4-2011. Order of the Court.: No progress has been shown so far.2010,{{TABLE}} unknown destination. Case F.I.R. No.45 of 2012 under sections 147, 148, 149, 356, P.P.C. Has been registered at Police Station New Sariab Quetta on 20-4-2012. Last action taken by CID: Special Branch authorities have been contacted vide letter No.330-33/R (18), CID, dated 7-1-2013. "Nil" reply vide letter NO.3197/MP/SC/SB, dated 23-1-2013 has been received. Order of the Court: Despite various orders/directions, the missing person has not been recovered so far.2010,{{TABLE}} 6. Muneer Ahmed 17-5-2010 Khuzdar Intelligence Mirwani, Advocate Agency ' Brief Facts of the Case: Case F.I.R. No. 116 of 2010 under sections 365-147-149, P.P.C. Has been registered at Police Station City Khuzdar. F.I.R. No.116 of 2010 dated 17-6-2010 under section 365, P.P.C. Has been lodged at Police Station City Khuzdar. According to the F.I.R. Complainant Abdul Salam Advocate reported that while he along with Muneer Ahmed Advocate reached near Taj Mahal Hotel on main RCD Road Khuzdar at 7-30 p.m. Some 8/10 armed persons with muffled faces seated in a single cabin, white colour pickup, intercepted their vehicle and forcibly took away Munir Ahmed Mirwani Advocate with them. So far only one JIT meeting has so far been convened on 29th July, 2011, the JIT is of the opinion that since the complainant of the subject case did not appear in JIT to provide any circumstantial evidence to prove the blame on anyone. JIT constituted on 15th July. 2011. ' On 16-4-2012, a fresh meeting of JIT was convened in the office of the DPO, Khuzdar and report has been prepared on the prescribed Performa. The members of the JIT reached at the conclusion that:-- ' Brother of abductee Naseer Ahmed attended the meeting. The subject matter was discussed thoroughly in detail considering all its pros and cons in the presence of the attendants. Present in the meeting the subject matter declared untraced. However, the participants assured that the efforts will continue for tracing of the missing person. Search process and collection of information regarding recovery of abductee would be continuing. C.P. No. (Suo Motu) 431/2010 F.I.R. No.116 of 2010. Last action taken by CID: IB authorities have been contacted vide letter No.9103-12 dated 23-8-2013 to keep observation on Cell No.0333- 7981338 of the complainant. {{TABLE}} Order of the Court: DIG Khuzdar is not in attendance. It is noted that in been passed on various dates:--2010,{{TABLE}} this case, the following orders have Order dated 2-5-2012 It is stated that Munir Ahmed, Advocate has been picked up from Khuzdar City. A case has been registered, but no progress has been made, inasmuch as, one of his companion namely Abdul Salam, Advocate, who was complainant in the F.I.R. Has been murdered along with his minor daughter aged about 8/9 years. The police seem to be well aware about their whereabouts, but they are reluctant to disclose the correct position. The then DIG Police Khuzdar present in Court is directed to effect the recovery and produce him tomorrow i.e. 3-5-2012. Order dated 3-5-2012 DIG Police Khuzdar states that he is making all efforts to make the progress, therefore, case may be postponed till tomorrow. . Order
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dated 4-5-2012 Qazi Hussain Ahmed, former DIG Khuzdar has appeared but has not made any progress in the matter of recovery of Munir Ahmed Mirwani, Advocate. Learned Advocate-General has placed before us a document before the Court, which is kept on record. Under these circumstances, we allow two weeks time to Qazi Hussain Ahmed, DIG to effect recovery of Munir Ahmed Mirwani, Advocate, and if the detenue is recovered, submit report to the Registrar of this Court for our perusal in Chamber. Order dated 23-5-2012 No progress has been made in the case of Munir Ahmed Mirwani (Sr.No.23). Statedly, he was forcibly picked up during the period when DSP Qazi Hussain was posted over there. According to DIG, evidence so far available on record indicates that he was picked up by the agencies. He is directed to contact them and in the meanwhile, if need be, the I.G.P. May also seek assistance from Secretary Defence, who is required to extend help to him. Order dated 20-6-12 No progress has been made in the case of Munir Ahmed Mirwani, Advocate. His name be also communicated to the learned Attorney General enabling him to inquire from the concerned authorities about his recovery. 7. Shams-ud-Din Baloch son of Muhammad Usman 1-7-2010 Lackpass FC Checkpost F.C. Brief Facts of the Case: Case F.I.R. No.84 of 2010 under at Police Station New Sariab. section 365-34, P.P.C. Has been registered According to the complainant Dr. Shamsul Haq that on 6-7-2010 on 1-7-2010 at 7-30 p.m. Frontier Corps (FC) Servants abducted his brother namely Shams-ud-Din previous Nazim at Mian Ghundi Check Post. Three eye-witnesses have recorded their statements and supported the version of F.I.R. But could not provide any solid evidence. Letter has been floated to competent authorities of FC for provision of information regarding the detention of missing person. The I/O recorded the statement of Sobedar Major Mr. Mureed who denied from any such incident occurred at main Ghundi FC check post since June, 2010 during his posting as incharge officer of said check post. Constitution Petition No.441 of 2010 is also pending in the honorable High Court of Balochistan. Letter has been floated to all IG Prisons in Pakistan. Letter has been floated to All Medical Superintendent of hospitals, head of psychiatry Department, incharge of Mortuaries of hospitals in Balochistan and Incharge Edhi Centers in Pakistan. Picture of missing person has been published in news papers. Proclamation notices have been issued. Last action taken by CID: Commandant 57 Dera Bugti has been approached vide letter No.8919.22/R (18) CID, dated 19-8-2013 for obtaining posting period of Subedar Momin Khan. Reply is still awaited. Order of the Court: Subedar Momin has not been contacted by the CID for investigation so far.2010,{{TABLE}} Najam-ud-Din son of Malik Muhammad Sumalani 6-9-2010 Lackpass FC Checkpost F. C. Brief Facts of the Case: No information is available in the record of concern police/levies thanas. Last action taken by CID: Hue and cry notice along with photograph no JIT has been conducted in this was issued on 21-12-2012 and particular case. Order of the Court: Vide order dated 10-7-2012, Mr. Shah Irfan DC statement of one Raza Shah has been not reach the logical conclusion. No Mastung informed the Court that recorded but investigation could progress has been made so far. Abdul Rehman Mari son of Baloch Khan 9-6-2011 New Kahan,
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Quetta Intelligence Agencies Brief Facts of the Case: No information is available in the record of concern police/levies thanas. Last action taken by CID: Hue and cry notice has been issued along with photograph on 18-5-2012 no III has been conducted in this case. Order of the Court: On 10-7-2012, Commander Hussain Shahbaz, the then Director (L) M/o Defence submitted a report in which it was indicated that Abdul Rehman Marri was in Farari camp at Hazar Khan, Behlool. He was directed to produce the missing person before this Court but the order has not been complied so far.2010,{{TABLE}} 10. Abdul Ghani son of Khair Muhammad 31-3-2009 Police Station Tali Sibi Police Brief Facts of the Case: Case F.I.R. No.4 of 2010 under section 365, the case is being investigated by the complainant Abdul Jabbar son of Haji resident of Vilage Tali reported that on 31-1-2009 his brother Abdul enforcing agencies. In Balochistan Province the case has (B area) who is investigating the BY THE COMMISSION IN HIS P.P.C. At Police Station Tali. Now Levies. On 9-2-2010 at 9-30 a.m., Kheir Muhammad caste Surekeri Bugti at Police Station Talli stating therein Ghani has been taken away by law Due to restoration of Levies Force been handed over to Tehsildar Sibi case. PROCEEDINGS/ORDERS PASSED HEARING HELD ON 4TH TO 8TH APRIL, 2011. Muhammad that I0 Naseer when he could not Ahmed has will produce of hearing Statements on oath of Abdul Jabbar brother and Ayub witness has been recorded and placed on record. Nisar Ahmed Nb Tehsildar Sibi is present. He submits Naseer Tareen could not make his appearance due to illnesses. Ahmed Nasir DC Sibbi was already in way from Sibi to Quetta received an intimation that one of his relatives has died so he appear before the Commission. In this connection Nisar given a written note also. Muhammad Ayub submits that he another witness namely Abdul Ghaffar on the next date on 7-5-2011. His dead body was recovered on 16-4-2012. Last action taken by CID: JIT was conducted on 6-4-2011 and out in the supervision of Deputy did not recognize any of the identification parade was carried Commissioner Sibi. The complainant suspect. Order of the Court: We have examined the police investigation, which manner. Has been conducted in a most incompetent 2010,{{TABLE}} Abdul Rahim son of Khan Zaman 4-4-2012 Hub Chowki City Lasbella Doubtful Brief Facts of the Case: Case F.I.R. No.83 of 2012 under section 365 Station City Hub. On 16-4-2012 a report that his brother Shah while going to Goth Mangia Lasbela colour white, missing since 4-4- 2012. has been registered at Police complainant Noor Muhammad lodged Nawaz and his friend Raheem Khan (B-Area) in car No.AKB-005 VDS Police is investigating the case. Last action taken by CID: Case has not been received: CCPO Commissioners and the DPOs have CID dated 7-2-2013. CID, dated 4-9-2013 has been issued. Quetta/RPOs/Commissioners/Deputy been approached vide letter No.1276-1302/R(18) Ist reminder No.9580-9605/R(18) Reply still awaited. Order of the Court: with the CID police. The complainant is not cooperating Shabbir Ahmed Sumalani 2009 Much Intelligence Agencies Brief Facts of the Case: No any information is available in the record of concerned police/levies thanas. Last action taken by CID: Warrant of arrest of accused Major Moeen III on 14-12-2012. has been obtained from Judicial Magistrate
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Order of the Court: Despite issuance of repeated letters/reminders to Maj. Haroon alias Moeen has not Khan Dasti SHO of Police Station been assassinated. Mr. Abid Notkani former DIGs who are stated to be the Court on the last date of to attend the Court unless otherwise of travelling etc. At their own. MI Directorate, Ministry of Defence, been produced. It is stated that Ameer Barori at the relevant time has also and Mr. Shahid Nizam Durrani involved in this matter have attended hearing and sought permission not required as they had to bear the cost Mehran Baloch son of Muhammad Karim 11-4-2011 Shalkot Sariab Quetta F.C. Brief Facts of the Case: Case F.I.R. No.36 of 2012 under section 365, Jinnah town, Quetta on the report of has been lodged at Police Station #TBS Order of the Court: No progress has been made as according to the police the case has not been handed over to CID. During hearing, it has also been pointed out that out of the dead bodies found in the area of…
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