ISLAMABAD, April 24 (Online): Islamabad High Court (IHC) has remarked is any one answerable in agencies.
. ” Is any one answerable in agencies. Where is self accountability which could be seen. State courts will not protect any terrorist. Question arises when any ultra vires law step is taken. Whatever action is taken by police we see it if it has been taken correct or incorrect, these remarks were given by Justice Mohsin Akhtar Kiyani during hearing of the missing persons case here Wednesday.
Justice Mohsin Akhtar Kiyani remarked ” whose near and dear one goes missing, he is relative of common man or judge or lawyer this act foments hatred among them. The case regarding Baloch missing persons came up for hearing before IHC WednesdayAttorney General (AG) Mansoor Awan appeared before the court and presented the report about the missing persons who have been recovered. The court inquired the violations of human rights were identified in this petition. It is clear the state courts will not protect any terrorist. Question arises when any ultra vires law step is taken. Whatever action is taken by police we see it if it has been taken correct or otherwise.
The counsel Emman Mazari told the court the day the caretaker Prime Minister (PM) had appeared in this court, one Baloch student was lifted on that day. On next day this missing student is released from Rawalpindi.
Justice Mohsin Akhtar Kiyani remarked policemen are suspended easily because whatever they do they do it before all. Is any one accountable in agencies. Where is self accountability. Where is self-accountability which can be seen. MY opinion against enforced disappearances commission is only for the reason because they are working along side those who are alleged. The institutions which are under law are regulated and what is the regulation of institutions which take action ultra-vires of law.
Justice Mohsin Akhtar Kiyani remarked if brother of a man in a home is missing then in which situation his mother, sister and daughter is passing through. Police is better than all institutions because it takes action before all, be it wrong or right.
Federal government should ask from defence ministry and tell the court if there is any self accountability process in the agencies. It is correct there can be mistake in working. But it does not mean they are not accountable.
Justice Mohsin Akhtar Kiyani remarked if any one is terrorist then give the report to police and take action but no ultra vires court proceedings be initiated. The role of agencies will be under what law. It will be like FIA and other institutions. Every institution has to work within its ambit. The court has to work within its jurisdiction. There are thousands of issues to solve any problem according to law.
A committee was constituted. It included DG ISI, DG IB and DG IB. Tell us about it.
AG replied we have resorted to Supreme Court in this connection.
Justice Mohsin Akhtar Kiyani remarked you should file miscellaneous petition about what amendment you want to be made in order. Satisfy the court. if you have any objection in connection with constitution of committee then tell the reasons and satisfy the court. The counsel for petitioners is telling the day the PM recorded statement in the court , a man was lifted on that day. This shows PM statement has no value.
The court adjourned the hearing of the petition regarding recovery of missing Baloch students till May 21.
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