IFTIKHAR MUHAMMAD CHAUDHR Y, C.J.---On 27-9-2012, Sardar Akhtar Jan Mengal, pursuant to his request to appear before the Court in C.M.A. No,190-Q of 2012 appeared in the company of as many as 56 persons, namely , Messrs. Dr. Janzaib Jamaldini, Arbab Nawaz Kasi, Malik Naseer Ahmed, Malik Wali Kakar , Nizam Rind, Akbar Mengal, Rauf Mughal, Mir Aman Ullah Zehri, Agha Mussa Jan, Sana Bloch, Javed Baloch, Nazeer Ahmed Baloch, Abdul Salam, Sameen Jan, Samiullah, Akhter Hussain Languor , Sardar Naseer Mosiani, Muhammad Kareem, Arbab Mir Nawaz Mengal, Taj Muhammad, Zulfiqar , lmran Bangulzai, Manzoor Bloch, Changaiz Khan, Ghulam Farooq, Ghulam Rasool, Haji Ibrahim, Agha Shah Khalid, Shaukat, Agha Hassan Baloch, Sami Ullah, Zahid Shah, Muhammad Yaqoob, Zahoor Ahmad, Jabbar , M. Sadiq, Mohyuddin Baloch, Hafeez, Dr. Kaleem, Nazeer Lehri, Haq Nawaz Buzdar , Wedara Guzdar Khetran, Ahmed Bloch, Shey Hyder , Noor Ahmed Mengal, Begum Rehana Yehya, Takari Mir Muhammad, M. Qasim Ranjo, Haji Wazeer Khan Mengal, Saeed Ahmed Mengal, Shahid Rind and Abdul Sadiq, Sardar Akhtar Jan Mental addressed the Court contents whereof have been reduced to writing which read as under:-- He has also filed a statement in writing, reference of which finds mention in yesterd ay's order , and a Para therefrom was also reproduced therein. The Chief Secretary , Government of Balochistan was directed to convey above statement to President, Prime Minister , etc., for filing of their reaction.
2. The Chief Secretary conveyed the contents of the order dated 27-9-2012 and it appears that in pursuance thereof, a meeting was held, which was attended by the participants included the following namely:--
(1) Minister Defense
(2) Chief of Army Staf f
(3) Minister Information
(4) Minister Postal Services
(5) Secretary Defense
(6) D.-G. ISI
(7) Principal Secretary to Prime Minister
(8) Chief Secretary Baluchistan
3. In one of the Paras of the minutes of the said meeting, a conditional statement has been made to the effect that " the concerns, if any, of the inhabitants of Baluchistan " will be addressed, which, prima facie, seems to be incorrect, inasmuch as on the basis of the orders passed by this Court from time to time during hearing of the case, one feels no difficulty in concluding that the inhabitants of Baluchistan do have grave concerns about the law and order situation prevailing over there, which will be discussed later on. However , for the purpose of today's hearing, reaction submitted by the Federal Government is reproduced herein below:-- "The measures which has been suggested by Sardar Akhtar Jan Mengal in a statement before this Humble Court for building a conducive atmosphere for the Baluchistan reconciliation process as claim by him are answered hereunder after consultation with the concerned authorities as desired vide order dated 27th September , 2012, with the observation that the government is on record making statement that the genuine concerns of any person irrespective of the fact he or she, is a resident of Baluchistan, must be met so as to bring harmony and peace in a coexisting living of all citizen of Pakistan.
(i) No covert and overt military operation is being carried out in Baluchistan by the armed forces.
(ii) No person alleged to be missing is in the custody or under detention of any law enforcing authorities or any other agency of Pakistan. Despite this all out efforts are being made to find out the whereabouts of the persons who are alleged to be missing. In this regard detailed statements and affidavit has already been filed on record of the court.
(iii) No proxy death squads are operating under the supervision of ISI and MI. In this regard Secretary Defense has already filed a af fidavit.
(iv) The government has always believed that all the political parties in Baluchistan should participate in political activities without any interference from any quarter . In this regard any concern by any person whosoever shall be addressed so that the forthcoming election should take place in a transparent manner through participation of all political parties.
(v) Lodging of F.I.R. Has been ordered by the government and JITs for conducting the 'investigation has also been constituted and recently the Government of Baluchistan has approved a compensation policy for the legal heirs of deceased persons.
(vi) Government makes a commitment to settle the displaced persons, if any , to the satisfaction of all concerned.
Chief Secretary Baluchistan"
4. The Chief Secretary of Government of Baluchistan is required to hand over copies of the aforesaid reaction to the learned counsel for the petitioners as well as Mr. Sajid Tareen, Advocate, Baluchistan High Court Bar Association, Mr. Yasin Azad, President, Supreme Court Bar Association and all other persons, who are parties to this petition. On receipt of their replies and reactions, they may file reply on or before the next date of hearing.
5. To enforce Fundamental Rights guaranteed under the Constitution, it is the duty of all citizens, including political workers, members of the civil society and media personnel are to make their positive contribution so that the life, liberty , property and dignity of the citizens living over there are protected and secured as per mandate of the Constitution.
6. We will commence further hearing of the case at Quetta w,e,f, 8-10-2012. However , if need be, the Court may consider with the assistance of the learned counsel for the petitioners, the learned Attorney-General for Pakistan, the learned Advocate-General Baluchista n and other parties as well as amicus curiae which has already been appointed to conclude the case, or if need be, to continue further hearing at Islamabad or at Quetta because after appearance of the head of one of the political parties before the Court, who is undoubtedly a key figure in Baluchistan, we are confident that all out efforts will be made to address the concerns and grievances of the persons whose relatives have gone missing, or have been abducted for ransom or have been murdered and their dead bodies have been found in a mutilated conditions.
7. On 20-9-2012, we had directed the concerned functionary s who had signed the statement dated 31-7-2012 to submit weekly reports, which so far have not been received, therefore, they are again directed to do the needful, and file such reports before the next date of hearing, and continue to do so in future as well on weekly basis.