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

The Pak Banker - - COMPANIES/BOSS -

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.

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