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Judiciary to step in where people's rights usurped: SC

20 May, 2014

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ISLAMABAD: Justice Jawwad S Khawaja remarked that the judiciary would interfere wherever the fundamental rights of the people were encroached upon.These remarks were made during the course of the hearing into the Zahir Muzaffar missing person case.

He said, "No compromise will be made on the fundamental rights of citizens. Nothing will happen by sending letters by the government to the army and other intelligence agencies. We commend the performance of the intelligence agencies but the facts about those people who have been picked up by the intelligence agencies should come into the open."

The court disposed of the case of Zahir Muzaffar who had gone missing from Rawalpindi, remarking that it was not a case of enforced disappearance but was an ordinary case. The police should take action as per the law of the land.

The court directed Additional Attorney General (AAG) Attique Shah to contact the military authorities, collect information in respect of Sultan Hussain, who had gone missing from Swat, and file a report before it by May, 27.

During the course of the hearing of the Zahir Muzaffar missing person case, Amna Masood Janjua and officials appeared before the court.The Sultan Hussain Pappu case also came up for hearing.

The Khyber Pakthtunkhwa (KP) law officer said that a joint investigation team was constituted in the light of the March, 21, 2010 directives of the commission on enforced disappearances. The case was registered in the light of the recommendations of this team. His brother had charged the armed forces in this regard. Then the matter was investigated and sent several letters.

Justice Jawwad S Khawaja remarked, "We give no importance to these letters. There are agencies. We appreciate them. The matters should move ahead.Justice Gulzar remarked, "Is it not the case of military authorities." Amna Janjua told the court that the name of Capt Riaz came up in this regard. Justice Jawwad remarked, "We issued orders in this case. Attique Shah said whatever order was issued by the court would be implemented.

KP law officer said that the investigation by local police was underway. Military authorities were contacted repeatedly for seeking information but no response had been received from them. No headway had been made in the investigation of the case due to this attitude. The hearing of the case was adjourned till May, 27.


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