Strife torn areas can’t be left at the mercy of terror: CJP
Chairmen of service tribunals to be appointed in consultation with CJP: SC
Chief Justice of Pakistan (CJP) Iftikhar Chaudhry has remarked strife torn areas cannot be left at the mercy of the terrorists. A 3-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 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 army chief and 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
ISLAMABAD: Supreme Court (SC) has ordered for according financial autonomy to Services tribunal and keeping them out of the influence of government. A 3-member bench of SC presided over by the Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry took up for hearing appointment of chairman in federal and provincial service tribunals case Monday. The SC ordered that legislation be made within 30 days on this matter and the appointment of chairman and members of service tribunals will be considered nullified if the legislation is not made. The appointment of chairmen of all service tribunals be made in consultation with the CJP, the court ruled. It may be recalled that petition was filed in SC that no consultation was being made with the CJP in connection with the appointment of chairmen of federal and provincial service tribunals and this way law was being breached. Financial sovereignty was also not being accorded and due to this the tribunals were not taking their decisions independently. The court had reserved the judgment and pronounced it on Monday. 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.
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 8 years old child was dubbed terrorist and was killed.
He further argued laws were being enacted in Nigeria, Saudi Arab, Yemen, Syria, Iraq and Pakistan to take action 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 some thing against army without evidence remarking “please bring evidence”. Raja Irshad will evolve report and present it to the court on what situation prevails therein.