Summary Chief Justice says special powers to the Army have been assigned under specific situation.
ISLAMABAD (Dunya News): Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry remarked as why the law enforcing agencies were not implementing the law of the state in true spirit.
A three-member bench of Supreme Court (SC) led by the CJP Iftikhar Muhammad Chaudhry took up the petition filed by senator Ibrahim against assigning of civil powers to Army in FATA Monday.
At the inception of hearing of the case Ghulam Nabi, counsel for senator Ibrahim termed several provisions of FATA regulations to be in conflict with the law and the Constitution. He said that it was laid down in the law of evidence that proceedings would be initiated against the accused under evidence. On the other hand, statement of army personal has been declared evidence in FATA regulation, he argued.
One law is in place in the country to deal with terrorism but why it cannot be done so in FATA, he said.
Karachi is under the occupation of MQM and it can do whatever it wills, he said. Army is conducting operation in Balochistan and Army Chief cannot go to Karachi, he further said.
All the judges including CJP expressed stern reaction against it and remarked “You are giving wrong statement as the Army Chief and the CJP were in Karachi on March 6.
Counsel for the petitioner said, “It is possible he may have been allowed to come to Karachi at that time.”
Raja Muhammad Irshad, counsel for the intelligence agencies expressed wonder and regret over the statement of the counsel for the petitioner in respect of Army Chief, saying Army Chief has been insulted and the learned counsel was giving false statement. Army chief goes everywhere and nothing is such like this in Karachi. Army has to remain extremely careful in exercising civil powers, said the learned counsel.
Ghulam Nabi Fani said innocent are being killed in FATA. No decision has been taken so far against those who were lifted during 2008. Guests of wedding party were targeted here. 374 persons were killed. An eight-year old child was dubbed terrorist and was killed.
He further argued laws were being enacted in Nigeria, Saudi Arab, Yemen, Syria, Iraq and Pakistan against those persons who are working against US interest. The situation is the same in Balochistan, Karachi and Lahore therefore, how it is just to accord civil powers to military institutions in FATA. No such law is in place at international level, he contended.
Raja Irshad said, “Army personnel were being butchered. Army personnel are being killed daily.”
CJP barred Ghulam Nabi from saying something against Army without solid proof, remarking “please bring evidence”. Raja Irshad will evolve report and present it to the court on what situation prevails therein.
“We cannot tolerate such type of talks against the army. Strife torn areas cannot be left at the mercy of terrorists. The special powers including calling in army are assigned under specific situation as per constitution”, remarked Chief Justice.
Justice Sheikh Azmat Saeed remarked the miscreants want FATA and PATA don’t remain the part of Pakistan. Suicide attacks have become a routine matter. The petitioner seems less to be with the army and more a lawyer of the miscreants.
The hearing of the case was adjourned till Tuesday.
