Law, order in Balochistan: Islamabad, Quetta given two days to submit report
Supreme Court on Wednesday again directed federal and Balochistan governments to submit a report within two days on the law and order situation and human rights violations in Balochistan. A two-judge bench of Chief Justice Iftikhar Muhammad Chaudhry resumed the hearing of identical petitions on law and order situation in Balochistan.
The court in its interim order on October 12 in the instant matter had regretted federal government’s failure to maintain law and order in the province. “Unfortunately in the instant case Federal Government except deploying FC troops, failed to protect Balochistan from internal disturbances. Similarly, as far as Provincial Government of Balochistan is concerned it lost its constitutional authority to govern the Province because of violation of fundamental rights of the people of Pakistan”, says the court order.
The court has also directed the Chief Secretary Balochistan and the Federal Secretary Interior to furnish fortnightly reports. Additional Advocate General Balochistan Azam Khattak on behalf of the Provincial Chief Secretary submitted the report. During the course of hearing the bench observed after the 12th October under what constitutional authority the provincial government is discharging its functions. Additional Advocate General Balochistan informed the court about provincial cabinet meeting on Wednesday in Quetta and sought two days to explain as to the constitutional authority of the provincial government after passing of the interim order on October 12, 2012.
Expressing displeasure over the federal government’s lack of interest in the matter the bench said that there had been no fortnightly report regarding the law and order situation in the province from the Interior secretary in pursuance of the court orders.
Attorney General for Pakistan Irfan Qadir stated that the report would be filed upon which the bench said that he may do so and in the meanwhile he should also submit as to steps in terms of Article 148(3), which have been taken by the federal government after passing of the interim order.
The federal government, the court said, had failed as it was not providing assistance as per Article 148 (3) of the Constitution where the federal government can intervene to assist authorities. Attorney General Irfan Qadir argued that a review petition had been filed against the interim order, arguing that while the crime ratio in Punjab was more than Balochistan, the court remained worried about Balochistan. Upon that the Chief Justice said that currently the Balochistan hearing was underway and if the AG felt so strongly about it, he could bring up the Punjab case in court.
Chief Justice said that the government of Balochistan had failed to enforce the constitution, adding that after the interim order, it cannot continue to spend funds from the national exchequer. “How is it [Balochistan government] still operating? It should have been dissolved,” he observed.
On the court’s orders, Additional Advocate General Balochistan Azam Khattak read out the interim order’s para 48. Qadir argued that the government cannot be dissolved like this, to which Justice Jawwad S Khawaja remarked that the AG had no authority on this matter and the federal government should give an explanation. The bench on the request of Azam Khattak adjourned the hearing till November 2, who said that the provincial cabinet meeting is underway.
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