1. ' IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---Keeping in view the miseries of the relatives of the missing persons, we have decided to take up the case of each missing person according to the list prepared by the officer:--2010, {{TABLE}} Sl. # NAME DATE PLACE Allegation on
1. Abdul Maalik son of Abdur khaliq 25-8-2011 PS Naushaki F.C.
2. Brief Facts .Of the Case: Case F.I.R. No. 41 of 2012 under has been registered according to witness Zahoor Ahmed son of Bhai Ahmed stated that on 25-8-2011 at persons forcibly took (Abdul the case further progress is Bhai Khan caste Badini resident of section 161, Cr.P.C. And stated at that time I was at his home when forcibly took him away. Sections 147,148, 149, 365, P.P.C. inquiry 157(2), Cr.P.C. In which Khan and his brother Manzoor 2-15 p.m. Some unknown armed accused Malik) from his home. Police is investigating underway. Manzoor Ahmed son of Nushki has recorded statement under that the abductee is his cousin and three vehicles of FC came there and Last action taken by CID: On 4-10-2012 DPO Noshki vide letter to Home Secretary for of FC (POL TADA) if Last reminder No.834-5-A, dated awaited. No.8192/R, made official correspondence providing information about the Expenditures any, during the period of incidence.
3. 13-8-2013 has been issued, reply still Order of the. Court: According to Judicial Inquiry conducted by the and the investigation conducted by District and Sessions Judge, Noshki CID, FC is responsible for his disappearance.
4. Brief Facts of the Case: F.I.R. No.8 of 2010 under sections 365, 34, P.P.C. Dated 8-2-2010 Police Station Tump. On 8-2-2010, complainant Muhammad Anwar son of Abdul Rehman caste Baloch resident of Tump lodged a report at P.S. Tump that on 14-3-2007, his brother namely Muhammad Iqbal, aged 26/27 years went along with his friends for the purpose of picnic at. Klug, Ziarat, while on return he was abducted by the F.C. Personnel. A case F.I.R. No.8 of 2010 under section 365-34, P.P.C.
5. Has been registered at Police Station Tump after revival of Levies, the case File was handed over to Tehsildar Levies Tump on 13-5-2010. The investigation is under process. Last JIT was held on 16-4- 2012 wherein all the members of the JIT stated that FC could not detain any person and whenever FC had detained any one in any doubt they have handed over him to the Police, Levies and Custom for proper trial.' FC has no information and has neither detained the missing person.
6. ' Last action taken by CID: On 12-4-2013 complainant Muhammad Anwar has submitted an application before the Commission of enquiry at Sikandar Jamali Auditorium Quetta in which he refused to appear before the Commission due to the reason that since 2007 he is appearing before different Commission but in vain.
3. Dr. Din Muhammad Baloch 2-6-2009 Mashkey Khuzdar Intelligence Agencies Brief Facts of the Case: F.I.R. No.5 of 2009 under sections 365-147148/149, P.P.C. Of Police Station Oranch, Distt. Khuzdar.
(1) That complainant Muhammad Ramzan who is cook in RHC Ornach reported that on the night between 28/29-6-2009 he and medical officer Dr. Din Muhammad Baloch were sleeping at his residence in RHC Ornach. At about 0100 hrs some unknown persons knocked the door and on the direction of Dr. Din Muhammad, he opened the door. At the same time, six muffled faces persons rushed inside along with their weapons and stuffed him inside the room after tying his hands and legs. Later, they forcibly took away Dr. Din Muhammad. After their departure he untied his hands and legs and went to Police Station to report.
(2) That police registered a case F.I.R. No.5 of 2009 under sections 365- 147-148, P.P.C. At PS Ornach Khuzdar and started investigation. The Investigation Officer visited the place of occurrence and recovered pieces of robe, broken lock and shirt of Din Muhammad. The scene of crime is situated near Killi Barani, Ornach. The residence of Dr. Din Muhammad is situated within the premises of Hospital (RHC), the Investigation Officer also witnessed the foot prints of accused and tyre marks of vehicles used by them. It appeared that accused had come in one vehicle (Pickup) and easily flea away from the scene.
(3) Investigation Officer of the case recorded statement under section 161, Cr.P.C. Of driver Haji Muhammad Anwar of RHC Ornach who stated that he went to his house after his duty was over in the evening and he came to know about the incident when he reached Hospital next morning and saw crowd and police party. Investigation Officer also recorded statement of watchman of RHC under section 161, Cr.P.C. Who has stated that on 29-6-2009 he finished his. Duty and went for sleeping to his room and when he woke up for Fajar prayer he came to know about the incident.
7. From 8-3-2010 to 14-3-2010, Investigation Officer contacted brother of Dr. Din Muhammad namely Rehmatullah and Muhammad Siddique for assistance on cell No.0313-8399322, but they paid no attention. The complainant Muhammad Ramazan is also reluctant to provide any support to police.
(4) Later-on, Home and Tribal Affairs Department Government of Balochistan, Quetta constituted JIT on the direction of apex Court in which members of ISI, M.I, IB and Special Branch were also called/ invited who denied about the custody of missing one. The complainant and brothers of Dr. Din Muhammad were requested to appear before JIT but they did not appear.
(5) In a meeting at Quetta by the Home Secretary, Balochistan where representative of all intelligence agencies were present, Mr. Rehmatullah (brother of Dr. Din Muhammad) alleged intelligence agencies for his Enforced abduction, at no agency has owned his custody.
(6) Police is doing all out efforts for his safe recovery but Mr. Rehmatullah is not cooperating with police to know any contact with culprits for release of the abductee. On 1-4-2011 a fresh meeting of JIT was convened in the office of the DPO, Khuzdar. The members of the JIT reached at the conclusion that:-- ' No one appeared in JIT on the behalf of Dr. Din Muhammad. Although his brother has submitted an application in Hon'ble High Court of Balochistan. However, the participants assured that the efforts will continue for tracing of the missing person.
8. ' On 16-4-2012 a fresh meeting of JIT was convened in the office of the DPO, Khuzdar The JIT reached at the conclusion that:- ' Rehmatullah brother of the abductee attended the meeting on behalf of the missing person. The subject case was discussed in detail considering all its pros and cons in the presence of the attendants and the representative of abductee. The outcome of investigation by Police and detailed analyses by all members, the probability of missing person has gone on his own appears to be the main cause, whereas, a number of militant organizations are found involved in kidnapping of innocent people, the participants assured that the efforts will continue for tracing out the missing person.
9. ' Last action taken by CID: All Intelligence Agencies MI/FC (MPC) has been approached vide this office letter No.10090-96/R (18) CID, dated 12-9-2013 for providing information about the abductee.
10. Reply still awaited.
11. ' Order of the Court: On 9-7-2012, the agencies represented through the Defence Ministry submitted before the Court that he is in Fran Camp, Manjan situated 15 Kilometers from Mashki but on behalf of the Government of Balochistan it was stated that the allegation is on FC. DIG Ghulam Rasool submitted a confidential report which was returned to him after perusal and the Chief Secretary and the Home Secretary were directed to convene a meeting of concerned Sector Commanders of the Agencies and find out the solution to effect recovery of the missing person but so far the missing person has not been recovered.2010, {{TABLE}} #TBS Intelligence Agency #TBE #TBS Khuzdar #TBE #TBS 2009 #TBE #TBS 20-12- #TBE #TBS Abdul Ghaffar son o Abdul Ghafoor #TBE ' Brief Facts of the Case: Case F.I.R. No.228/09 under sections 365, 147, 149, 337/H2 has been registered on 20-12-2009 at Police Station City Khuzdar.
12. On 20-12-2009, Complainant Abdul Jabbar Mengal resident of Shahwani Abad reported that his brother Abdul Ghaffar aged 26/27 years was employed as Assistant in Education Labour Quetta and was at Khuzdar for the last 3 to 4 days. He was on his Alto Car in Khuzdar Bazar and at 3-30 p.m. Near Khandar Road Graveyard, two Double Door pickups stopped him by firing upon him.
13. Some 15/20 unknown culprits took him forcibly in their vehicle and fled away towards unknown place. During investigation blood stained mud was obtained from the place of incident. No one from the locality disclosed about the incident. The complainant has not produced any evidence about the vehicle. The complainant expressed suspicion about the personnel of secret agencies and filed CP in the High Court of Balochistan. The complainant failed to produce any witness of the incident. Later on, he gave registration Nos. Of various vehicles of the agencies involved in the incident but on verification no vehicle of such number was found belonging to any agency. The statement of Moulana Mehmood Ghaznavi was recorded under During Joint Interrogation, brother of the abductee was appeared before the team who alleged that his brother was abducted by the agency personnel. He told that his brother had no enmity with anyone. The officers belonging to secret agencies in the team showed ignorance about the abductee. The office of the abductee was asked about his attendance that was found absent from his duty.
14. ' C.P. No.789 of 2010 is sub-judice before the Hon'ble High Court of Balochistan. Last date of hearing was 22-3-2011 and next dated of hearing is fixed 12-4-2011.
15. ' On 1-4-2011 a meeting of JIT was convened in the office of the DPO, Khuzdar and report has been prepared on the prescribed Performa. The members of the JIT reached at the conclusion that:-- ' Abdul Jabbar brother of abductee appeared in JIT on the behalf of Abdul Ghafar. He stated that the secret agencies are involved for the abduction of his brother, but he could not produce any substantial evidences. All the concerned agencies have expressed that they would try to utilize all available resources for recovery of missing persons. However, the participants assured that the efforts will continue for tracing of the missing person.
16. ' PROCEEDINGS/ORDERS PASSED BY THE COMMISSION IN HIS HEARING HELD ON 4TH TO 8TH APRIL, 2011.
17. ' The case was received from Director, Human Rights Supreme Court of Pakistan Islamabad vide H.R.C. No.23161-B of 2010. Previous Commission held meeting in this case 7th August, 2010.
18. Constitution Petition No.789 of 2009 is pending adjudication in Hon'ble High Court, where next date of hearing is 12th April, 2011.
(2) Affidavit from Abdul Jabber son of Haji Abdul Ghafoor is on record. Statement of Muhammad Naseeb and Muhammad Ishaq, eye-witnesses also on record.
(3) Statement of Abdul Jabbar has been recorded; he was cross-examined by Janor Sohail Anwar of FC Balochistan and Cdr. Shahbaz MoD.
(4) Abdul Jabbar undertakes to produce Muhammad Naseeb son of Raza Muhammad Noor at the next hearing.
19. ' Adjourned for the hearing on 4th May, 2011. On 25-4-2011 a fresh meeting of JIT was convened in the office of the DPO, Khuzdar and report has been prepared on the prescribed 4.Performa. The members of the JIT reached at the conclusion that:-- ' Abdul Jabbar younger brother of abductee appeared in JIT on behalf of Abdul Ghafar. He stated that the secret agencies are involved for the abduction of his brother, but he could not produce any substantial evidences. The subject matter was discussed thoroughly in detail considering all its pros and cons in the presence of the attendants, present in the meeting the subject matter declared untraced. However, the participants assured that the efforts will continue for tracing out the missing person. All the Concerned agencies have expressed that they would try to utilize all available resources for recovery.
20. ' On 16-4-2012, a meeting, of JIT was convened in the office of the DPO, Khuzdar and report has been prepared on the prescribed Performa. The members of the JIT reached at the conclusion that:-- ' Moulana Mehmood Ghazanwai and Abdul Jabbar brother of adbuctee appeared in JIT on behalf of Abdul Ghaffar. He stated that the secret agencies are involved for the abduction of his brother, but he could not produce any substantial evidence. All the concerned agencies have expressed that they would try to utilize all available resources for recovery of missing persons. However, the participants assured that the efforts will continue for tracing of the missing person. According to statement of complainant the case falls in the category of para 15(i). In conclusive, since the complainant have been killed by some unknown persons and the brother of missing person does not blame in any individual or LEAs for kidnapping of his brother therefore, the case falls in the category of para 15(ii).
21. Brief Facts of the Case: On 30-4-2012 Complainant Mst. Sayed Bibi daughter of Dr. Akbad Marri resident of Killi Shahnawaz Quetta lodged a report that on 20-4-2010 at 1300 hrs four vehicles of FC/agency stopped in front of the chiltan clinic and forcibly took away his father to Dr. Akbar Marri son of Malik Bakhtiar Khan 20-4-2010 Sariab Quetta Police Last action taken by CID: JIT Meeting has been conducted on 25-4-2011.
22. Order of the Court.: No progress has been shown so far.2010,{{TABLE}} unknown destination. Case F.I.R. No.45 of 2012 under sections 147, 148, 149, 356, P.P.C. Has been registered at Police Station New Sariab Quetta on 20-4-2012.
23. Last action taken by CID: Special Branch authorities have been contacted vide letter No.330-33/R (18), CID, dated 7-1-2013. "Nil" reply vide letter NO.3197/MP/SC/SB, dated 23-1-2013 has been received. Order of the Court: Despite various orders/directions, the missing person has not been recovered so far.2010,{{TABLE}}
6. Muneer Ahmed 17-5-2010 Khuzdar Intelligence Mirwani, Advocate Agency ' Brief Facts of the Case: Case F.I.R. No. 116 of 2010 under sections 365-147-149, P.P.C. Has been registered at Police Station City Khuzdar. F.I.R. No.116 of 2010 dated 17-6-2010 under section 365, P.P.C. Has been lodged at Police Station City Khuzdar. According to the F.I.R. Complainant Abdul Salam Advocate reported that while he along with Muneer Ahmed Advocate reached near Taj Mahal Hotel on main RCD Road Khuzdar at 7-30 p.m. Some 8/10 armed persons with muffled faces seated in a single cabin, white colour pickup, intercepted their vehicle and forcibly took away Munir Ahmed Mirwani Advocate with them. So far only one JIT meeting has so far been convened on 29th July, 2011, the JIT is of the opinion that since the complainant of the subject case did not appear in JIT to provide any circumstantial evidence to prove the blame on anyone. JIT constituted on 15th July.
24. 2011.
25. ' On 16-4-2012, a fresh meeting of JIT was convened in the office of the DPO, Khuzdar and report has been prepared on the prescribed Performa. The members of the JIT reached at the conclusion that:-- ' Brother of abductee Naseer Ahmed attended the meeting. The subject matter was discussed thoroughly in detail considering all its pros and cons in the presence of the attendants. Present in the meeting the subject matter declared untraced. However, the participants assured that the efforts will continue for tracing of the missing person. Search process and collection of information regarding recovery of abductee would be continuing. C.P. No. (Suo Motu) 431/2010 F.I.R. No.116 of 2010.
26. Last action taken by CID: IB authorities have been contacted vide letter No.9103-12 dated 23-8-2013 to keep observation on Cell No.0333- 7981338 of the complainant. {{TABLE}} Order of the Court: DIG Khuzdar is not in attendance. It is noted that in been passed on various dates:--2010,{{TABLE}} this case, the following orders have
27. Order dated 2-5-2012 It is stated that Munir Ahmed, Advocate has been picked up from Khuzdar City. A case has been registered, but no progress has been made, inasmuch as, one of his companion namely Abdul Salam, Advocate, who was complainant in the F.I.R. Has been murdered along with his minor daughter aged about 8/9 years.
28. The police seem to be well aware about their whereabouts, but they are reluctant to disclose the correct position. The then DIG Police Khuzdar present in Court is directed to effect the recovery and produce him tomorrow i.e. 3-5-2012.
29. Order dated 3-5-2012 DIG Police Khuzdar states that he is making all efforts to make the progress, therefore, case may be postponed till tomorrow. .
30. Order dated 4-5-2012 Qazi Hussain Ahmed, former DIG Khuzdar has appeared but has not made any progress in the matter of recovery of Munir Ahmed Mirwani, Advocate. Learned Advocate-General has placed before us a document before the Court, which is kept on record. Under these circumstances, we allow two weeks time to Qazi Hussain Ahmed, DIG to effect recovery of Munir Ahmed Mirwani, Advocate, and if the detenue is recovered, submit report to the Registrar of this Court for our perusal in Chamber.
31. Order dated 23-5-2012 No progress has been made in the case of Munir Ahmed Mirwani (Sr.No.23).
32. Statedly, he was forcibly picked up during the period when DSP Qazi Hussain was posted over there.
33. According to DIG, evidence so far available on record indicates that he was picked up by the agencies. He is directed to contact them and in the meanwhile, if need be, the I.G.P. May also seek assistance from Secretary Defence, who is required to extend help to him. Order dated 20-6-12 No progress has been made in the case of Munir Ahmed Mirwani, Advocate. His name be also communicated to the learned Attorney General enabling him to inquire from the concerned authorities about his recovery.
7. Shams-ud-Din Baloch son of Muhammad Usman 1-7-2010 Lackpass FC Checkpost F.C.
34. Brief Facts of the Case: Case F.I.R. No.84 of 2010 under at Police Station New Sariab. section 365-34, P.P.C. Has been registered According to the complainant Dr. Shamsul Haq that on 6-7-2010 on 1-7-2010 at 7-30 p.m. Frontier Corps (FC) Servants abducted his brother namely Shams-ud-Din previous Nazim at Mian Ghundi Check Post. Three eye-witnesses have recorded their statements and supported the version of F.I.R.
35. But could not provide any solid evidence. Letter has been floated to competent authorities of FC for provision of information regarding the detention of missing person. The I/O recorded the statement of Sobedar Major Mr. Mureed who denied from any such incident occurred at main Ghundi FC check post since June, 2010 during his posting as incharge officer of said check post. Constitution Petition No.441 of 2010 is also pending in the honorable High Court of Balochistan. Letter has been floated to all IG Prisons in Pakistan. Letter has been floated to All Medical Superintendent of hospitals, head of psychiatry Department, incharge of Mortuaries of hospitals in Balochistan and Incharge Edhi Centers in Pakistan. Picture of missing person has been published in news papers.
36. Proclamation notices have been issued. Last action taken by CID: Commandant 57 Dera Bugti has been approached vide letter No.8919.22/R (18) CID, dated 19-8-2013 for obtaining posting period of Subedar Momin Khan. Reply is still awaited. Order of the Court: Subedar Momin has not been contacted by the CID for investigation so far.2010,{{TABLE}} Najam-ud-Din son of Malik Muhammad Sumalani 6-9-2010 Lackpass FC Checkpost F. C.
37. Brief Facts of the Case: No information is available in the record of concern police/levies thanas.
38. Last action taken by CID: Hue and cry notice along with photograph no JIT has been conducted in this was issued on 21-12-2012 and particular case.
39. Order of the Court: Vide order dated 10-7-2012, Mr. Shah Irfan DC statement of one Raza Shah has been not reach the logical conclusion. No Mastung informed the Court that recorded but investigation could progress has been made so far.
40. Abdul Rehman Mari son of Baloch Khan 9-6-2011 New Kahan, Quetta Intelligence Agencies Brief Facts of the Case: No information is available in the record of concern police/levies thanas.
41. Last action taken by CID: Hue and cry notice has been issued along with photograph on 18-5-2012 no III has been conducted in this case. Order of the Court: On 10-7-2012, Commander Hussain Shahbaz, the then Director (L) M/o Defence submitted a report in which it was indicated that Abdul Rehman Marri was in Farari camp at Hazar Khan, Behlool. He was directed to produce the missing person before this Court but the order has not been complied so far.2010,{{TABLE}}
10. Abdul Ghani son of Khair Muhammad 31-3-2009 Police Station Tali Sibi Police Brief Facts of the Case: Case F.I.R. No.4 of 2010 under section 365, the case is being investigated by the complainant Abdul Jabbar son of Haji resident of Vilage Tali reported that on 31-1-2009 his brother Abdul enforcing agencies. In Balochistan Province the case has (B area) who is investigating the BY THE COMMISSION IN HIS P.P.C. At Police Station Tali. Now Levies. On 9-2-2010 at 9-30 a.m., Kheir Muhammad caste Surekeri Bugti at Police Station Talli stating therein Ghani has been taken away by law Due to restoration of Levies Force been handed over to Tehsildar Sibi case.
42. PROCEEDINGS/ORDERS PASSED HEARING HELD ON 4TH TO 8TH APRIL, 2011. Muhammad that I0 Naseer when he could not Ahmed has will produce of hearing Statements on oath of Abdul Jabbar brother and Ayub witness has been recorded and placed on record. Nisar Ahmed Nb Tehsildar Sibi is present. He submits Naseer Tareen could not make his appearance due to illnesses. Ahmed Nasir DC Sibbi was already in way from Sibi to Quetta received an intimation that one of his relatives has died so he appear before the Commission. In this connection Nisar given a written note also. Muhammad Ayub submits that he another witness namely Abdul Ghaffar on the next date on 7-5-2011. His dead body was recovered on 16-4-2012.
43. Last action taken by CID: JIT was conducted on 6-4-2011 and out in the supervision of Deputy did not recognize any of the identification parade was carried Commissioner Sibi. The complainant suspect.
44. Order of the Court: We have examined the police investigation, which manner. Has been conducted in a most incompetent 2010,{{TABLE}} Abdul Rahim son of Khan Zaman 4-4-2012 Hub Chowki City Lasbella Doubtful Brief Facts of the Case: Case F.I.R. No.83 of 2012 under section 365 Station City Hub. On 16-4-2012 a report that his brother Shah while going to Goth Mangia Lasbela colour white, missing since 4-4- 2012. has been registered at Police complainant Noor Muhammad lodged Nawaz and his friend Raheem Khan (B-Area) in car No.AKB-005 VDS Police is investigating the case.
45. Last action taken by CID: Case has not been received: CCPO Commissioners and the DPOs have CID dated 7-2-2013. CID, dated 4-9-2013 has been issued. Quetta/RPOs/Commissioners/Deputy been approached vide letter No.1276-1302/R(18) Ist reminder No.9580-9605/R(18) Reply still awaited.
46. Order of the Court: with the CID police. The complainant is not cooperating Shabbir Ahmed Sumalani 2009 Much Intelligence Agencies Brief Facts of the Case: No any information is available in the record of concerned police/levies thanas.
47. Last action taken by CID: Warrant of arrest of accused Major Moeen III on 14-12-2012. has been obtained from Judicial Magistrate Order of the Court: Despite issuance of repeated letters/reminders to Maj. Haroon alias Moeen has not Khan Dasti SHO of Police Station been assassinated. Mr. Abid Notkani former DIGs who are stated to be the Court on the last date of to attend the Court unless otherwise of travelling etc. At their own. MI Directorate, Ministry of Defence, been produced. It is stated that Ameer Barori at the relevant time has also and Mr. Shahid Nizam Durrani involved in this matter have attended hearing and sought permission not required as they had to bear the cost Mehran Baloch son of Muhammad Karim 11-4-2011 Shalkot Sariab Quetta F.C.
48. Brief Facts of the Case: Case F.I.R. No.36 of 2012 under section 365, Jinnah town, Quetta on the report of has been lodged at Police Station #TBS Order of the Court: No progress has been made as according to the police the case has not been handed over to CID. During hearing, it has also been pointed out that out of the dead bodies found in the area of Sehal Kot Police Station on 29th May, 2010, one was the dead body of Mehran son of Muhammad Karim but later on his family members denied and identified that the dead body does not belong to him.2010,{{TABLE}} M arriam Fazal. That at 5-00 p.m. She talked her husband on cell phone who said that within five minutes he coming. During conversation suddenly the phone switched off and since then she has no any information about her husband. Police is investigating the case. On 15-4-2012 complainant Lal Bibi wife of Baz Muhammad lodged a report that on 11-4-2012 her son Muhammad Nabi has been abducted by some unknown persons in 2D car having tinted glasses. Police registered a case F.I.R. No.38 of 2012 under sections 365, 34, P.P.C. Against unknown accused persons and has started investigation. Hectic efforts are being made for the recovery of abductee. Case F.I.R. No.38 of 2012 under sections 365, 34, P.P.C. Has lodged on the complaint of Murad Jan has stated that on 11-4- 2012 FC personnel took his son from Hali Chowk Quetta in VIGO pick up and went towards cantt.
49. Through Zarghoon MP check post. #TBE M arriam Fazal. That at 5-00 p.m. She talked her husband on cell phone who said that within five minutes he coming. During conversation suddenly the phone switched off and since then she has no any information about her husband. Police is investigating the case. On 15-4-2012 complainant Lal Bibi wife of Baz Muhammad lodged a report that on 11-4-2012 her son Muhammad Nabi has been abducted by some unknown persons in 2D car having tinted glasses. Police registered a case F.I.R. No.38 of 2012 under sections 365, 34, P.P.C.
50. Against unknown accused persons and has started investigation. Hectic efforts are being made for the recovery of abductee. Case F.I.R. No.38 of 2012 under sections 365, 34, P.P.C. Has lodged on the complaint of Murad Jan has stated that on 11-4-2012 FC personnel took his son from Hali Chowk Quetta in VIGO pick up and went towards cantt. Through Zarghoon MP check post.
14. Ali Hassan Mengal son of Khan Muhammad 4-11-2011 Waad Khuzdar F.C.
51. Brief Facts of the Case: The DPO Khuzdar has reported that the family alleged on FC but reluctant to lodge members of the Ali Hassan Mengal F.I.R.
52. Last action taken by CID: Photo copy of the list of the vehicles (in/out) obtained. JIT was conducted on on the day of incident has been 6-7-2012.
53. Order of the Court: In this matter, the following orders dated 2-5-2012, which are reproduced as under:-- 4-5-2012 and 10-7-2012 were passed "Order Dated 2-5-2012 Mengal states that his father has Gohar Ali son of Ali Hassan been picked up by F. C. And he knows the SHO namely Jummah Khan in whose presence his father was picked up. He has named Major Tahir Naveed and Major Nadeem. Later now has been posted from Khuzdar to Kallat.
54. DPO is directed to register the case about the incident and in the meantime Brig. Shehzad DIG, F. C.
55. Shall inquire into the matter. To come up on 4th May 2012.
56. Order Dated 4-5-2012 Learned Advocate-General states that after passing of order by this Court, an F.I.R. Has been registered; copy of the same has been placed on record. Copy of the F.I.R. Has been handed over to Brig Shehzad, DIG FC, enabling him to look into the matter. Order Dated 10-7-2012 Gohar Ali son of All Hassan Mengal is present and stated that he was called in the FC headquarters at Khuzdar. There were officers who told him that father shall be released if he would cooperate with them and not take interest in his case which he has got registered. He promised to cooperate with the FC but up till now his father has not been released. At the time when he visited FC headquarters he was accompanied by Qari Allah Bakhsh and Nibal Khan. The learned counsel on behalf of the FC is directed to look into the matter. The DPO is directed to record their statements during course of the day. The concerned quarters are required to made progress in the matter as early as possible. In compliance of the above orders of the Court, no progress has been made so far.2010,{{TABLE}}
15. Manzoor Ahmed son of Haji Nazir Ahmed 27-3-2010 PS Shalkot Doubtful Brief Facts of the Case: According to roznamcha dated 28-3-2010. Muhammad Akbar son of Haji Habibullah caste Mengal resident of Didar Karez Quetta that on 26-3-2010 his uncle Manzoor Ahmed Mengal is missing and further stated that on the same day at 5-00 p.m. He went to attend marriage ceremony of his friend and since then he is missing. Last action taken by CID: All intelligences MI/ISI/FC(MPC) were contacted vide letter No.9342-47/R (18) CID dated 30-8-2013 had been approached. "NIL" reply (ISI) vide letter No.4024/15/Missing/CI, dated 2-9-2013 and vide letter No.600-1/142/JAG dated 5-9-2013 has been received.
57. Order of the Court: Mr. Hamid Shakeel, AIG (Operations) stated that despite of repeatedly approaching the complainant Nazir Ahmad, who is present in Court, is not cooperating with the police. He is directed to cooperate with the police.{{TABLE} Takri Abdul Wahid and Dad Muhammad sons of Haji Ghulam Qadir 2-6-2010 Marave Splinji Mastung FC Brief Facts of the Case: Complainant Khuda Bax son of Bostan to Tehsildar Levies Thans dasht and Dad Mohammad both sons of home situated at Marave Dasht, on persons took them away along with destination. A case F.I.R.
58. 457, 392 and 365, P.P.C. Has been at Levies Thana Dasht. Further submitted an application on 3-8- 2010 that his nephew Takri Abdul Wahid Ghulam Qadir were present at their the night of 2-6-2010 some unknown their Double Door to some unknown No.37/2010 under sections 148, 149, lodged against unknown accused persons investigation is under process.
59. Last action taken by CID: Group Captain Mr. Muhammad Irfan vide his office letter No.1/313/Dir this office for provision of complete that in compliance with the orders requisite report has already been office letter No.9104-04/R(18)/CID of the same report was again CID, dated 8-9-2013 letters No.9804-7/R(18) CID, dated dated 26-11-2012. He was No. 10135-39/R(18)
60. CID dated Maj. Saif. Availability of Major Saif Takri Abdul Wahid and Dad Director (Legal) Ministry of Defence (Legal) dated 6-9-2013 contacted report of the case. He was informed of Hon'ble Supreme Court of Pakistan, submitted to his office vide this dated 24-10-2012, however, copy sent vide this letter No.9771/74/R,(18) and again conformed the same vide 15-11-2012, letter No.11026-30/PB/CID, further requested vide reminder 13-9-2013 for provision of alleged may help in safe recovery of abductees Muhammad.
61. Order of the Court: so far by the concerned quarters of No cooperation has been extended Defence Ministry.
62. Naseeb Qalandarani, Waseem Qalandarani, Aruganzaib, Muhammad Tahir, Aftab Baloch, Khalil Baloch, Qadir 18-2-2011 Tootak Khuzdar during operation F.C. ,{{TABLE}} Bakhsh, Muhammad Rahim, Mir Attequie Qalandarani Brief Facts of the Case: The Headquarter FC informed that on receipt presence and activity of the BLA against the miscreants in the area on 2011. During encounter two of arms and ammunition were recovered contended that FC disengaged from morning. Of credible information about the miscreants FC launched Operation night between 17th and 18th February, the miscreants were killed and also from their possession. It is further the area on 18-2-2011 early in the Last action taken by CID: Case has not been received. CCPO Commissioners and the DPOs have CID dated 7-2-2013. CID, dated 4-9-2013 has been issued. Quetta/RPOs/Commissioners/Deputy been approached vide letter No.1276-1302/R(18) Ist reminder No.9580-9605/R (18) Reply still awaited.
63. Order of the Court: In this matter, the following passed which stated that persons which he between miscreants succeeded at the spot also left by petitioner is initially breakthrough were arrested the three to be unaware have the same has will look into adjourned to Muhammad Qalandri.
64. Whereas orders dated are reproduced he needs some at Sr. Nos.54 has received and in running away, and good them, which the claim that about 26 were released of which after the children of about been made been provided the matter 4-5-2012. 2-5-2012, as time to to 62 as that there FC troops while number of was handed of the 30 persons and is 4+5 (9), release Sardar All this incident before this to DIG and submit 11-7-2012 under:-- and 12-7-2012 were "Order Dated 2-5-2012.
65. Brig. Shehzad, DIG FC has look into the matter of missing according to his information, was heavy exchange of fire and meanwhile miscreants leaving behind two dead bodies arms and ammunition was over to the civil administration. learned counsel for the were arrested out of whom nine are in the custody of FC, as five more persons of 26 persons including The Civil Administration seems because two contrary statements Court; however, copies of FC, who has assured that he report on the next date of hearing. To this extent, the matter is Order Dated 11-7-2012.
66. Raja Muhammad Irshad, learned counsel for FC requested for time to seek instructions. We have made it clear to him that this matter relating to the recovery of missing persons from the area of Totak since 18th February, 2011 must be taken to its logical conclusion and if unfortunately these missing persons are not surfaced by tomorrow then the learned counsel will have to produce the Commandant, FC Khuzdar at the time when these persons were disappeared along with the orders issued by the Provincial Government to provide assistance with the aid of civil administration on the said date and the details of the persons along with their names, numbers who were allegedly fired upon by the miscreants in the area of Totak, about 12 k.In. From the RCD Road near Khuzdar.
67. He will also produce details of arms/ammunition which was supplied to them and to explain that how much ammunition was used. He will also produce the detail of deployment of enforcement contingents after the happening of the incident along with details and their presence so that after examining the matter thoroughly the Court may ascertain as to whether the allegation of the persons who have gone missing is true or otherwise.
68. Order Dated 12-7-2012.
69. Despite of our directions the then Commandant of Qalat Scouts, Khuzdar is not in attendance, perhaps learned counsel appearing for F. C. Has not communicated him the direction of this Court.
70. Be that as it may, he is directed to appear tomorrow. In compliance of the above orders of the Court, no progress has been made so far.{{TABLE}
18. Mehrullah Khan son of Sher Khan 30-3-2010 Quetta F.C.
71. Brief History of the Case: Mr. Hamid Shakil, Acting DIG (Investigation) and the Home Secretary, Balochistan stated that in the case of Mehrullah Khan they have made a remarkable progress.
72. However, this is an old matter and the person is missing from March, 2010, but now with the cooperation of his family members this matter is going to be solved, therefore some more time may be given. Request is allowed.
73. Last action taken by CID: On 14-9-2012 Judicial Magistrate-X Quetta, and eye-witnesses Bakht Muhammad @ Janan son of Dost Muhammad were present to conduct investigation parade.
74. SP/Ops CID Balochistan, Quetta, Ch. Mushtaq Ali telephonically contacted the concerned Major Nadeem of FC who informed that FC officials arranged for identification parade are in their way to Quetta but may will not reach Quetta in time therefore, he is unable to produce them for identification parade. Order of the Court: Said Rasool, Abdul Waheed Multani, Logari and another unknown person having a long hair have not been produced before the CID by FC despite of clear directions passed by this Court from time to time particularly on 27-8-2013.{{TABLE}
19. Farmanullah son of Zafarullah Shawani 28-6-2010 PS Shalkot Doubtful Brief History of the Case: Likewise, one Muzaffarullah aged about 20 years has appeared and stated that his younger brother Farmanullah aged about 18 years is missing from 28-6-2010. A report was submitted to Police Station Shalkot, which was entered against entry No.13, but so far no progress has been made. Rao Hamid Shakeel, Acting, DIG states that F.I.R. No.124 of 2011 dated 25-7-2011 has been registered but no progress so far has been made. It is to be noted that no sooner an entry is made in the Roznamcha it becomes the duty of the Police to proceed with the matter to materialize the information received by it like in the instant case and the cases noted hereinabove; they should have immediately proceeded with the matter instead of waiting for any response from the complainant. Non-following the law i.e. Registration of forthwith and proceeding with the same tantamount to negligence on their part; in this regard, this Court has defined the parameters for the Police qua post-report proceedings in the case of Muhammad Bashir v. Station House Officer, Okara Cantt. (PLD 2007 SC 539). Therefore, in these circumstances, IGP/PPO is directed to depute a competent person to effect recovery of Farmanullah and subfnit report in this regard within two weeks to the Registrar of this Court for our perusal and passing appropriate orders, if need be. Last action taken by CID: Special Branch has been contacted for seeking their cooperation vide letter No. 8155-59/R (18) CID dated 9-7-2013, reply still awaited and 03 JITs have been conducted.
75. Order of the Court: As far as the complainant is concerned, is not cooperating inasmuch as it has been asked to Hamid Shakeel AIG that the police may not interfere as the matter is likely to be settled through negotiations.{{TABLE} Abdul Rasheed son of Karim Dad 9-2-2012 Hub Chawki Transferred to Karachi Brief Facts of the Case: NIL Last action taken by CID: Case has not been received. CCPO Commissioners and the DPOs have CID dated 7-2-2013. CID, dated 4-9-2013 has been issued. Quetta/RPOs/Commissioners/Deputy been approached vide letter No.1276- 1302/R(18) Ist reminder No.9580-9605/R (18) Reply still awaited.
76. Order of the Court: Police Station Shahr-e-Faisal Karachi, notice was issued to the as to why Abdul Rasheed has not be separated and be clubbed with law and order situation at Karachi. And the Inspector General of As this case was registered at therefore, vide order dated 11- 7-2012, Advocate-General Sindh to explain been recovered so far. Let this case S.M.C. 16 of 2010 relating to the Notice be issued to the Advocate-General Police Sindh for 20-9-2013.
77. Ghulam Mustafa son of Hazoor Bakhsh 20-6-2000 Kanak Mastung Doubtful Brief Facts of the Case: NIL Last action taken by CID: Statements under section 161, Cr.P.C. Of and witnesses abductees son of got recorded. Makhan Khan was recorded on 6-10-2012 Pervaiz Ahmed and his brother was Order of the Court: In this matter, the following orders dated 4-5-2012 reproduced as under:-- and 11-7-2012 were passed which are "Order Dated 4-5-2012: appeared and stated that her son of Hazoor Bux (placed at is missing since the year 2000 Mastung.
78. Mst. Bibi Maryam has husband Ghulam Mustafa Sr. No. 5 of the new list) from the area of Kanak Order Dated 11-7-2012.
79. We have been informed by Muhammad Hanif, SHO that Ghulam Mustafa is suffering from some mental ailment. Report regarding his disappearance was lodged on 10-6-2010 at Police Station City Mastung. Copy of police roznamcha has been placed before us for perusal. The F.I.R. No.54 of 2012 was registered on 28-5-2012 after 13 years. Meanwhile, the police have recorded statement of the complainant Gul Muhammad. As reported that he had an enmity with one Makhan Khan who was working with him in WAPDA and belongs to Army. Mr. Hamid Shakil, DIG (Investigation) stated that however this case pertains to Mastung, he will provide all possible help to the SHO in order to approach to the said Makhan with the purpose of reaching at the right conclusion. They are directed to expedite the issue. In compliance of the above orders of the Court, no progress has been made so far.{{TABLE} Zafarullah son of Fazil 13-7-2010 Kamboo F.C.
80. Muhammad District Mastung Brief Facts of the Case: NIL Last action taken by CID: All IGs (Prisons) have been approached vide letter No.8945-55/R(18) CID, dated 20-8-2013. Reply still awaited. Order of the Court: According to the evidence collected by CID, contents of the complaintF.I.R. Prima facie, stands established because as per available record on 13-7-2010, a Helicopter had landed in the area of Khalid Air Base (KLD) from where Zafarullah was taken away in the said Helicopter.
81. Muhammad Saleem son of Muhammad Kareem 8-9-2011 Joint Road, Quetta Police Brief Facts of the Case: NIL Last action taken by CID: All IGs (Prisons) have been approached vide letter No.8945-55/R(18) CID, dated 20-8-2013. Reply still awaited. Ist reminder No.9965-76/R (18) CID dated 10-9-2013 has been issued. Reply still awaited.
82. Order of the Court: No progress in this case has so far been made.{{TABLE} #TBS Amanullah son of Abdur Rahim #TBE #TBS Doubtful / #TBE #TBS Inayatullah son of Muhammad Ramzan 22-9-2010 City Khuzdar Doubtful Brief Facts of the Case: NIL Last action taken by CID: FIA authorities have been approached for letter No.1704-07/R(18) CID, dated No. FIA/IBMS/CID/Query/1773, seeking their cooperation vide 27-2-2013 "NIL" reply vide letter dated 1-3-2013, has been received.
83. Order of the Court: that he is not a missing person as in fact trying to grasp some money that he has been kidnapped for During investigation, it has transpired he used to contact his mother and is from his step father on the pretext ransom. #TBE Abdul Rauf @ Lawang son of Abdul Rahim 10-8-2011 Barrow Sariab Quetta Intelligence Agencies Brief Facts of the Case: NIL Last action taken by CID: GM State Bank of Pakistan vide letter 15-4-2013 has been approached for Pakistan, no response. No.5044-47/R(18)
84. CID, dated information of his Bank accounts in Order of the Court: been made.{{TABLE} No progress in this case has so far Brief Facts of the Case: NIL Last action taken by CID: Case has not been received. CCPO Quetta/RPOs/Commissioners/Deputy Commissioners and the DPOs have been approached vide letter No.1276-1302/R(18) CID dated 7-2-2013. 1st reminder No.9580-9605/R (18) CID, dated 4-9-2013 has been issued. Reply still awaited.
85. Order of the Court: Inspite of police inquires, no one has come forward to file complaint that this is a missing person.
86. Niaz Muhammad Bangulzai son of Haji Rahim Bakhsh 8-7-2007 Govt.
87. Servant Quetta Doubtful Brief Facts of the Case: NIL Last action taken by CID: Eidhi Centre was contacted vide letter has been received on 11-5-201L No.48/5A dated 15-5-2011. NIL reply Order of the Court: has been made for want of evidence. In the High Court which has also Despite investigation, no progress A Constitution Petition was also filed been dismissed for want of prosecution.
88. Muhammad Iqbal son of Muhammad Murad 3-8-2011 Quetta Recovered Brief Facts of the Case: NIL Last action taken by CID: On 28-10-2011, DC Washuk vide this office been approached to trace the returnee statement. Reply still awaited. Letter No.8921-25/R (18) CID, has Mufti Abdul Wahab for recording his Order of the Court: Baloch, Chief of Voice of missing person has been recovered. Who has conducted the investigation matter and inquire as to who had any arrest of culprit has been It is informed by Mr. Nasrullah persons (NGO) that the said missing However, Mr. Hamid Shakeel, AIG is directed to further probe into the abducted the said person and whether effected.
89. 27.
90. Mazar Khan son of Umeed Khan 19-12-2006 Nushki Doubtful Brief Facts of the Case: NIL Last action taken by CID: On 22-11-2012 a detailed Inquiry was conducted by the orders of Hon'ble High Court of Balochistan from(sic.) release(sic.) victim Abdul Rasool.
91. Order of the Court: No progress has been made because the evidence so produced by the complainant has not nominated any of the agencies.
92. Mir Sami Hussain Anqa son of Mir Nusrat Hussain Anqa July 2009 Shah Zaman Road, Quetta Doubtful Brief Facts of the Case: NIL Last action taken by CID: Case has not been received. CCPO Quetta/RPOs/Commissioners/Deputy Commissioners and the DPOs have been approached vide letter No.1276-1302/12(18) CID dated 7- 2-2013.
93. 1st reminder No.9580-9605/R(18). CID, dated 4-9-2013 has been issued. Reply still awaited. '
94. Order of the Court: It is informed by Mir Nusrat Hussain Anka that his son Mir Sami Hussain Anka is missing since July, 2009 but so far no police case has been registered. However, we issue notice to the IGP to inquire as to who is responsible for not registering the case and submit report on the next date of hearing.
95. In the meanwhile, notice be also issued to the Attorney-General and the Advocate-General Balochistan to inquire from police, FC, ISI, IB, MI and other agencies about his whereabouts and submit report. Police functionaries are directed to register the case so that the matter could proceed according to law. Mir Zubair Mehmood CCPO stated that no sooner the complainant reaches the police station at whose jurisdiction his son was abducted, the F.I.R. Shall be registered forthwith. Mr. Nusrat Hussain Anka told the police that he does not want to register an F.I.R.
96. Muhammad Naseem son of Muhammad Afzal 13-6-2012 Civil Line Doubtful Thana Quetta Brief Facts of the Case: NIL Last action taken by CID: On 28-11-2012 statement under section 161, Cr.P.C. Of abductee's brother had been obtained. In which he alleged that his brother may be kidnapped by unknown intelligence agency. Order of the Court: No evidence is available so far. {{TABLE} Kaou Khan son of Nazar Ali 8-3-2012 Kambrani Dera Bugti F.C.
97. Brief Facts of the Case: NIL Last action taken by CID: On 13-9-2013 identification parade was held Magistrate III Quetta as per law. The Bansra Bugti identified one Buzdar, who has been arrested by Mir Muhammad Afzal Judicial eye-witnesses released abductee nominated/alleged accused Allah Bakhsh and investigation is in progress.
98. Order of the Court: in this case has been made so far. Despite repeated orders, no progress Shaukat son of Gul Muhammad 12-4-2012 Quetta Doubtful Brief Facts of the Case: NIL Last action taken by CID: Case has not been received. CCPO Commissioners and the DPOs have CID dated 7-2-2013. CID, dated 4-9-2013 has been issued. Quetta/RPOs/Commissioners/Deputy been approached vide letter No.1276-1302/R(18) 1st reminder No.9580-9605/R(18) Reply still awaited.
99. Order of the Court: filed by any one despite of the fact inviting the persons having appeared. In this case no complainant has been that Home Secretary got issued publication knowledge about this case but no one Waseem son of Haji Ghulam Muhammad 12-4-2012 Quetta Doubtful Breif Facts of the Case: NIL Last action taken by CID: Case has not been received. CCPO Commissioners and the DPOs have CID dated 7-2-2013. CID, dated 4-9-2013 has been issued. Quetta/RPOs/Commissioners/Deputy been approached vide letter No.1276-1302/R(18) 1st reminder No.9580-9605/R(18) Reply still awaited.
100. Order of the Court: #TBS {{TABLE} #TBE Ali Ghor son of Mir Khan 26-1-2012 Quetta Burma Hotel Doubtful Brief Facts of the Case: NIL Last action taken by CID: Case has not been received.
101. CCPO Commissioners and the DPOs have CID dated 7-2-2013. CID, dated 4-9-2013 has been issued. Quetta/RPOs/Commissioners/Deputy been approached vide letter No.1276-1302/R(18) 1st reminder No.9580-9605/R(18) Reply still awaited.
102. Order of the Court: been made. No progress in this case has so far Ehsan Urjmandi 7-8-2009 Zero point Lasbella Doubtful Brief Facts of the Case: NIL Last action taken by CID: Hectic efforts were made to contact vain. Complainant and eye-witnesses but in Order of the Court: the case file perusal whereof was conducted and according to a talk show/conversion between the Ambassador it was admitted with them. Bashir Ahmad DSP (CID) talk show/conversion and hand to in the matter. The DIG (CID) is report in this regard on the next date Mr. Imtiaz Shah, DIG (CID) has produced indicates that at some stage investigation Bashir Ahmad DSP (CID) during then Interior Minister and the Norwegian that the alleged missing perso is is directed to collect the CD of said the DIG (CID) for further probe directed to submit a comprehensive of hearing.
103. Behram Khan son of Mir Hamza 8-9-2011 Kharotabad Quetta F.C.
104. Brief Facts of the Case: NIL Last action taken by CID: Letter No.12497-622/R/(18) DIG CID to All was arrested/in police custody or in IGs, IG Prisons DPOs DC if he prison. "NIL" reply has been received.
105. Order of the Court: Haji Hayatullah son of Abdullah 22-9-2010 Quetta Doubtful Brief Facts of the Case: NIL Last action taken by CID: Hue and cry notice along with photograph was not conducted. Has been issued on 27-5-2012. JIT Order of the Court: investigation, this missing person, to the creditors, has himself Asadullah.
106. It seems that according to the police on account of default in making payments disappeared along with another person Khalil Ahmed son of Abdul Rauf 20-11-2011 Khuzdar . Dead body recovered Brief Facts of the Case: NIL Last action taken by CID: Case has not been received. CCPO Commissioners and the DPOs have CID dated 7-2-2013. CID, dated 4-9-2013 has been issued. Quetta/RPOs/Commissioners/Deputy been approached vide letter No.1276-1302/R(18) 1st reminder No.9580-9605/R(18) Reply still awaited.
107. Order of the Court: Khalil Ahmad has been recovered from shall submit report during course of It is informed that dead body of Khuzdar. Mr. Hamid Shakeel AIG the day.
108. Shams-ul-Wahid son of Dilla Ram 2002 Quetta Deleted Brief Facts of the Case: NIL Last action taken by CID: The FIA authorities have been approached letter No.1704-07/R(18) CID dated 7-1-2013. Their "NIL" reply has and 2-2-2013. No JIT has been for seeking their cooperation vide 7-2-2012 and 330-33/R(18) CID dated been received vide letter dated 1-3-2013 conducted.
109. Order of the Court: under sections 365, 34, P.P.C.At accused persons arrested in this case Vide F.I.R.
110. No.46 of 2002 registered Police Station Qaid-e-Abad, the were challaned and they were acquitted of the charge under section 365-K, Cr.P.C. And thereafter in 2002 the report of his disappeared has been lodged. Since the case has been registered, therefore, no further action is called for.{{TABLE} Shah Muhammad and Niaz Muhammad sons of Haji Abdul Wahid 19-4-2003 Laveis Thana Bostan District Pishin Doubtful Brief Facts of the Case: NIL Last action taken by CID: Case has not been received. CCPO Commissioners and the DPOs have CID dated 7-2-2013. CID, dated 4-9-2013 has been issued. Quetta/RPOs/Commissioners/Deputy been approached vide 'letter No.1276-1302/R(18)
111. 1st reminder No.9580-9605/R(18) Reply still awaited.
112. Order of the Court: Persons (NGO) is required to as for want of the history of the Mr. Nasrullah Baloch, Chief of Missing furnish the details of this matter background, no progress can be made.
113. Hayatullah son of Haji 22-9-2010 Satellite Deleted Obaidullah and Asadullah son of Dur Town, Quetta Muhammad Brief Facts of the Case: NIL Last action taken by CID: On 9-1-2013 letter No.412-13/R-19/CID was dispatched to IB Quetta.
114. Order of the Court: Ali Asghar Bangalzai 18-10-2001 PS Intelligence son of Ghulam Nabi Sairab Agencies Brief Facts of the Case: NIL Last action taken by CID: On 13-6- 2012, Brig. Muhammad Siddique was interrogated in the case and on 14-6-2013 he was released under section 169, Cr.P.C. Incomplete challan was submitted before the trial Court. On the direction of the Hon'ble Supreme Court, Brig. Muhammad Siddique appeared before the Court on 6-8-2013.
115. Order of the Court: It is informed by Hamid Shakeel that proceedings have been initiated for getting cancelled the surety bonds (machalka) of the person named by the complainant and to cause his arrest for further investigation.{{TABLE} Roshan Mari 2-2-2012 Peer Ismail Marward Quetta Doubtful Brief Facts of the Case: NIL Last action taken by CID: Case has not been received.
116. CCPO Commissioners and the DPOs have CID dated 7-2-2013. CID, dated 4-9-2013 has been issued. Quetta/RPOs/Commissioners/Deputy been approached vide letter No.1276-1302/R(18) 1st reminder No.9580-9605/R(18) Reply still awaited.
117. Order of the Court: for the Missing Persons (NGO) is matter for further proceedings in Mr. Nasrullah Baloch, Chief of Voice required to furnish the details of this the matter.
118. Muhammad Hassan son of Muhammad Umar --- Police Station Kardgab, District Mastung Doubtful Brief Facts of the Case: NIL Last action taken by CID: Case has not been received. CCPO Commissioners and the DPOs have CID dated 7-2-2013. CID, dated 4-9-2013 has been issued. Quetta/RPOs/Commissioners/Deputy been approached vide letter No.1276-1302/R(18) 1st reminder No.9580-9605/R(18) Reply still awaited.
119. Order of the Court: for the Missing Persons (NGO) is matter for further proceedings in Mr. Nasrullah Baloch, Chief of Voice required to furnish the details of this the matter.
120. Nasrullah son of Muhammad Akbar 2010 Mushkay (Nokajo) Doubtful Brief Facts of the Case: NIL #TBS Last action taken by CID: Case has not been received. CCPO Quetta/RPOs/Commissioners/Deputy Commissioners and the DPOs have been approached vide letter No.1276-1302/R(18) CID dated 7-2-2013. 1st reminder No.9580-9605/R(18) CID, dated 4-9-2013 has been issued. Reply still awaited. Order of the Court: Mr. Nasrullah Baloch, Chief of Voice for the Missing Persons (NGO) is required to furnish the details of this matter for further proceedings in the matter.{{TABLE} #TBE Illahi Bukhsh Bugti son of Bahar Khan 2011 PS Hub Deleted Brief Facts of the Case: NIL Last action taken by CID: In the light of the statement of the released that they were kidnapped from near Toll Plaza (Police Station Mari Karachi). Therefore, the case is the list of missing person of has been approached. Abductee Shah Murad which reveals Lucky Chharai, Hub River Road Poor, Town Kamari District West recommended to be deleted from Balochistan. In this regard IGP Balochistan Order of the Court: case has been registered about the investigation reveals particularly that the incident took place in the therefore, case is directed to be the police rules. Let the matter be is fixed for hearing regarding and order situation. It is informed that vide an F.I.R., disappearance of Elahi Bakhsh but through the statement of Shaft Murad area of Maripur or Mochoko choki, transferred to Karachi according to tagged with S.M.C. 16/2010 which implementation of the Karachi law Ziaullah son of Karim 20-5-2006 PS Doubtful Gul Hunna, Quetta Brief Facts of the Case: NIL Last action taken by CID: Case has not been received. CCPO Quetta/RPOs/Commissioners/Deputy Commissioners and the DPOs have been approached vide letter No.1276-1302/R(18) CID dated 7-2-2013. 1st reminder No.9580-9605/R(18) CID, dated 4-9-2013 has been issued. Reply still awaited. {{TABLE} Order of the Court: Mr. Nasrullah Baloch is required to submit details of this matter for further proceedings.
121. Shabbir Ahmed son of Abdul Rasheed 13-3-2009 Police Station Shalkot, Quetta Doubtful Brief Facts of the Case: NIL Last action taken by CID: Hue and cry notice along with photograph IB authorities has been approached obtaining record of abductee's cell has been issued on 11-10-2010 and vide letter dated 24-5-2011 for No.0302-3870850, reply has been received.
122. Order of the Court: been made. No progress in this case so far has Qari Abdul Samad son of Haji Jan Muhammad 26-6-2010 Gawal- mandi Quetta Intelligence Agences Brief Facts of the Case: NIL Last action taken by CID: 3 JITs have been conducted on 29-4-2011, 9-9-2011 and 25-9-2011.
123. Order of the Court: been made. No progress in this case so far has Niaz Muhammad son of 19-4-2003 Police Doubtful Shah Muhammad Station Bostan, Pasheen Brief Facts of the Case: NIL Last action taken by CID: Case has not been received. CCPO Quetta/RPOs/Commissioners/Deputy Commissioners and the DPOs have been approached vide letter No.1276-1302/R(18) CID dated 7-2-2013. 1st reminder No.9580-9605/R (18) CID, dated 4-9-2013 has been issued. Reply still awaited.
124. Order of the Court: Mr. Nasrullah Baloch is required to submit details of this matter for further proceedings.
125. NEW CASES REPORTED AFTER 15-8-2013 #TBS Order of the Court: The concerned police authorities are directed to transfer the case to the CID who shall collect the evidence and shall submit report accordingly on the next date of hearing. #TBE #TBS Police #TBE #TBS Muhammad Azeem #TBE #TBS Sanaullah son #TBE #TBS Order of the Court: The Home Secretary, GOB is directed to register a case with the concerned police station immediately, transfer the same to the CID who shall collect the evidence and shall submit report accordingly on the next date of hearing. #TBE #TBS Police #TBE #TBS Baig #TBE #TBS Rab Nawaz son of Habib #TBE #TBS Order of the Court: In this case, no F.I.R. Has been registered. Applicant, present in person, is directed to lodge a complaint from the concerned police station. Police authorities are directed to proceed with the matter in accordance with law after registration of case and submit report on the next date of hearing. #TBE #TBS Rashid son of Manzoor 14-8-2013 Jinnah Police Ahmed Town, Quetta #TBE Muhammad Hayat and Naseebullah sons of Muhammad Isa Khan and Muhammad Aslam nephew of Muhammad Isa Khan 26-7-2013 Baroori Road and Civil Lines, Quetta Security Forces Order of the Court: directed to register a case with the case to the CID who shall collect accordingly on the next date of The learned Advocate-General is concerned police station, transfer the the evidence and shall submit report hearing.
126. Order of the Court: According to police report, F.I.R. No.151 of 2012 has been registered. Reportedly he has disappeared himself due to non-payment of money to the creditors.
56. Abdul Zahir Order of the Court: 18-7-2013 Police Doubtful Station City Mastung Deleted2008 Satellite Town Quetta {{TABLE}}
2. In presence of some of the relatives of the missing persons, a massive exercise has been undertaken to categorise the cases wherein allegedly FC, Intelligence Agencies and Police/ Levies are statedly involved. These categories have been made as (I) FC, (II) Intelligence Agencies), (III)
127. Police/Levies, (IV) Doubtful cases and (V) Recovered/ deleted. Let the office prepare separate list according to these categories and hand over the same to the petitioner Malik Zahoor Shahwani, Advocate Supreme Court, Mr. Nasrullah Baloch and the concerned law enforcing agencies (LEAs) as well as to the learned Additional Attorney General for Pakistan and the learned Advocate General Balochistan with the direction to the LEAs to produce all those persons, involved in these matters before the Court and submit their progress reports in case of each missing person at least one day before the next date of hearing. The Home Secretary and Inspector General of Police, Government of Balochistan are directed to do the needful, register F.I.Rs..In all these cases, transfer the same to C113 for . Further proceedings strictly in accordance with law. This exercise is directed to be undertaken within 10 days.
128. 3.
3. It is to be noted that in C.M.A. 266-Q/2013 at page 1 of the same, the CID has recommended that the cases of Zakir Majeed, Khalid Bilal, Muhammad Hussain, Tillah Muhammad, Manzoor Ahmad, Jan Ali, Umar Ali Khan Marri, Khameesa, Muhammad Affaq, Abdul Ghaffar, Shamsud Din, Saiful, Lawang, Faheem, Jan Muhammad and Sher Ali Khan may be deleted by investigation teams. Let a list of these persons be prepared separately with the category in which each of the case falls and hand over the same to the petitioners as well as the LEAs for doing the needful as directed in para 3 above.
4. As far as the matter of Farari Camps is concerned, learned Additional Attorney-General, after taking instructions from the Ministry of Defence shall submit report on the next date. It may be noted that at one time, a statement in this regard was made by the Ministry of Defence to the effect that the missing persons detained in the Farari Camp shall be produced before the Court.
5. The learned Additional Attorney-General has filed a report in a sealed envelope. After having gone through the same, we have directed the office to place on record in a sealed cover as its confidentiality has been claimed. We have noticed during hearing of the case that there is a complete non-cooperation by the FC and other Agencies i.e. Ministry of Defence in not to produce the persons who are allegedly involved in the cases of missing persons. In this behalf we hereby direct the IG FC, the Secretary M/o Defence, the learned Additional Attorney General and the Advocate General, Government of Balochistan that the persons like Abdul Waheed Multani, Maj Saifullah and Haroon alias Moeen etc. Shall be produced before the concerned investigating agencies for their investigation without any hesitation or delay and compliance report in this regard shall be filed by the learned Additional Attorney General and the Advocate-General Balochistan to the Registrar of this Court for our perusal in Chambers within two weeks.
129. ' Matter of posting/transfer of PAS/PSP Officers: In response to the directions dated 17-9-2013 Aetzaz Ahmad Goraya, SP appeared. It has been informed to him that vide order dated 5-4-2012 the officers of PAS and PSP were ordered to be transferred to the Province of Balochistan for the purpose of improving law and order situation in the Province in accordance with rules and regulations. In compliance with that order, a good number of officers of both the categories were transferred who have already joined their duties in the Province of Balochistan. As far as Aetzaz Ahmad Goraya and two other officers posted in the Province of Sindh are concerned, they instead of complying with the order, filed a Constitutional Petition 2905-D/2013 before the High Court of Sindh at Karachi knowing well if at all they have any grievance, they should have filed Review before the Court by invoking the jurisdiction of this Court under Article 188 of the Constitution. It is also to be noted that the copy of the writ petition, filed by these 3 officers, has also been procured by the learned Additional Attorney-General, the perusal whereof indicates that no reference of the order of this Court dated 5-4-2012, has been made. However, under the circumstances, we direct Aetzaz Ahmad Goraya to file an explanation, in writing, about the alleged misconduct before the next date of hearing. Copy of this order shall also be sent to the Registrar, High Court of Sindh at Karachi for the purpose of bringing this matter to the notice of Hon'ble Chief Justice of the High Court for deciding the said Constitution Petition as early as could be possible. As far as other two officers are concerned, they are not in attendance. It is informed that their flight from Karachi to Quetta has not have been reached so far. Their matter shall be taken up on the next date of hearing.
6. The learned Additional Attorney-General, in pursuance of our direction, has placed on record copy of summaries in respect of officers transferred from Balochistan, the relevant extract is reproduced herein below:-- "Mr. Kazam Niaz, a BS-20 officer of Pakistan Administrative Service, Joint Secretary, Prime Minister's Office has been transferred and his services have been placed at the disposal of Government of Balochistan, vide this Division's notification dated 29-8-2013. Mr. Khalid Sherdil, a BS-19 officer of Pakistan Administrative Service, posted under Government of Punjab has been transferred and his services have been placed at the disposal of Government of Balochistan, vide this Division's notification dated 29-8-2013".
7. We have inquired from the learned Additional Attorney-General as to whether he could disclose the name of the officer(s) on whose directions the above transfers took place because both the officers were recently posted in the Province of Balochistan and abruptly transferred to Islamabad and Punjab causing heart-burning in the officers who, following the directions of the Court, are performing their duties in the Province. The learned Additional Attorney-General shall file reply on the next date of hearing and on receiving the details of the persons who had in fact violated the order of the Court, appropriate order shall be passed.
8. The Chief Secretary, Government of the Punjab, is present in Court. When we informed him that he was not required to attend the Court personally and there was also no such directions in the order dated 17-9-2013, he said that the learned Additional Advocate-General had asked him to appear in person. On our query, Mr. Hanif Khatana, learned Additional Advocate-General stated that on account of some confusion, he had communicated to the Chief Secretary that he has to attend the Court. The Statement of the Chief Secretary regarding transfer of Khalid Sherdil has been filed wherein it has been pointed out that Government of Punjab had not requisitioned the services of Khalid Sherdil rather it was the Establishment Division at whose directions he was transferred from the Province of Balochistan. As we have already directed the learned Additional Attorney-General to point out the name of the Authority on whose directions such transfers took place, therefore, the explanation so filed by the Chief Secretary, Punjab shall be kept on record and shall be disposed of on either way after hearing the view point of the learned Additional Attorney- General.
9. Dr. Haqdad Tareen, Dr. Shams-ud-Din, Prof. Saadat Khan etc. Appeared and stated that last night a senior doctor/Cardiologist namely, Dr. Abdul Munnaf Tareen has been abducted from a thick populated area of Quetta by unknown persons but so far no progress has been made. On this we have directed Mir Zubair Mehmood CCPO Quetta to take all necessary steps for effecting his recovery and submit report. The Home Secretary, Government of Balochistan was also directed to place on record a complete statement showing the cases of abduction, abduction for ransom, target killings, mutilated bodies, sectarian killings etc. He filed such statement which is placed on record. As the same is incomplete, he is directed to file a separate statement showing the recovery of kidnapped persons and the persons kidnapped for ransom, target killings, mutilated bodies, sectarian killings etc, separately on the next date of hearing.
130. ' Matter of Mir Hkmal Khan Raeesani: No progress has been made in the case of Mir Hkmal Khan Raeesani. The DIG CID is directed to accelerate the proceedings and cause arrest of the accused involved in his murder as early as could be possible and submit report on the next date of hearing.
131. ' Matter regarding rehabilitation of IDPs at Dera Bugti: It is informed by the Chief Secretary, Government of Balochistan that remarkable progress has been made relating to the settling the political, economic and administrative affairs at Dera Bugti. The grand children of late Nawab Akbar Khan Bugti had also shifted to their native place and no complaint of any kind has been received from them for causing any inconvenience either by the tribal persons or law enforcing agencies. In addition to it, with their assistance, the IDPs who had migrated to Sindh have started coming back. Because of some logistic problems, they are facing some problems, however, the Chief Secretary stated that Government of Balochistan shall extend them a helping hand while remaining in its resources. Similarly, to rehabilitate the formers the work on the projects has also been accelerated and is likely to be completed at the start of 2014. The Chief Secretary is directed to submit a comprehensive report to the Registrar of this Court for our perusal in Chambers. He is also required to submit a comprehensive report regarding present status/situation in all the sensitive districts of Province including Khuzdar, Avaran, Mashki, Panjgore, Turbat, Gwadar, Bolan, C Mach and Kech etc. ' Matter relating to Customs Department: In response to our directions, Mr. Tariq Bajwa, Chairman FBR appeared whereas reportedly Secretary M/o Defence, Secretary M/o Interior and Secretary Narcotics are out of country. However, The Chairman FBR stated that he himself is the Secretary of Revenue Division, Government of Pakistan. We have pointed out to him about the smuggling of arms and ammunition, non-custom paid vehicles, narcotics etc. Without any control by the Customs Department or by the Agency upon whom the powers had been conferred to act as the Custom Officers like FC etc. The flow of unauthorized arms and ammunition etc. Is causing serious problem in law and order situation not only in the Province but in whole of the country including Karachi. At times it has been noticed that the arms smuggled into Pakistan are highly sophisticated as compared to the arms which are being used by our law enforcing agencies like police etc. We have pointed out to him that on a large scale so many items like Iranian petrol are smuggled into the country but there is no check as a result whereof the consumers are forced to use these items as the same are sold to them on cheaper rates which is not in the interest of the economy of the country due to which the public exchequer suffers badly. The Chairman FBR has placed on record his two stage devised strategy (C.M.A. No.284-Q of 2013) to fight the menace of smuggling generally and arms smuggling in particular. The relevant contents of the same are reproduced herein below:-- " ... The two stages are:-(a) IMMEDIATE ACTION: ' The following five choke points have been identified:
(i) Sheela Bagh
(ii) Glangor
(iii) Gabd
(iv) Surab
(v) Bela ' Pakistan Customs will man these choke points to interdict smuggled goods before they enter the more settled areas of the Province. These choke points shall be jointly manned by the enforcement staff of Quetta and Gwadar Collectorates and the staff of Directorate of Customs Intelligence Quetta. In addition, the Customs Posts at Lakpass, Kurkhera and Chidgee shall be strengthened. Performance at all other Customs stations and Customs posts shall also be closely monitore.l.
(b) SHORT TERM STRATEGY: ' FBR is already in contact with Chief Secretary and I. G Police Balochistan to work out a joint strategy to combat smuggling throughout the length and breadth of the province. In this context a meeting shall also be held with the I. G FC Balochistan, Secretary Interior and Secretary Anti Narcotics Division. This will be followed by a joint field visit by the Chairman FBR, Chief Secretary, I.
132. G Police and I. G FC Balochistan in the border areas. The objective of these deliberations is to develop a holistic plan by pooling all available resources and creating inter-departmental synergy to make anti-smuggling operations effective.
133. ' FBR commits before this honourable Court to bring a distinct improvement in its anti-smuggling efforts".
10. It is also to be notated that it is the duty of the Narcotics Division to control the narcotics in the Province because this is another source of collecting money without any extra labour which is ultimately used in criminal activities to disturb the law and order situation causing problems for the Provincial as well as the Federal governments. The Chairman FBR stated that efforts are being made. He has stated that he would look into the matter and assured the Court that all necessary steps shall be taken to ensure that the Custom Department enforces the relevant laws of anti- smuggling strictly and the smuggling shall be controlled fully. He is directed to ask the two Directorates (Custom Collectorates at Quetta and Gwadar) to prepare comprehensive reports in respect of the activities of the Customs Department relating to unauthorized arms and ammunition, non-custom paid vehicles as well as narcotics and other contraband items along with the figures of the cases which they have registered under the Customs Act and other relevant laws. The report shall be submitted to the Registrar of this Court for our perusal in Chambers within two weeks.
134. ' Matter of CEO ARY: Mr. Baz Muhammad Kakar Advocate Supreme Court stated that he has received a letter from Muhammad Suleman Iqbal CEO ARY which is placed on record. He has stated that Muhammad Suleman Iqbal CEO was ready to appear before this Court but could not manage the flight from New York where he has gone along with his ailing father for treatment.
135. Learned Counsel stated that on the next date of hearing, he shall ensure the presence of CEO before this Court. Request is allowed. He is directed to produce the CEO ARY on the next date of hearing.
136. ' Applications by Mst. Janat Gul, Bibi Zarina, Lal Bibi and Mst. Pari. These applications have been filed in Court for recovery of Inayatullah, Muhammad Asif, Khan Zaman and Khud-e-dad and for the arrest of accused involved in the murder of Ameer Hamza respectively. Let these applications be registered and copies of the same be sent to the IGP Balochistan to effect the recovery of missing persons and arrest of the accused, as nominated in the application and submit report within 7 days. Notices to the learned Attorney-General and the Advocate-General Balochistan be also issued with the direction to submit replies within 7 days.
11. Let the case be fixed for hearing after two weeks.
137. ' Matter of Local Bodies' Elections: All the learned Law Officers of the Federation and the Provinces have stated that the matter only to the extent of discussing the issue of holding of Local Bodies Elections may be adjourned to 23-9-2013.
12. The learned Additional Advocate-General Sindh stated that he has discussed this issue with the learned Advocate General Sindh and according to the learned Advocate General, the government was previously of the opinion that elections be held in the month of December, 2013 but now according to the instructions received from the Advocate-General Sindh, the government is ready to hold elections on 27-11-2013. Similarly, the learned Additional Advocate-General KPK stated that according to the instructions by the concerned authorities including the Law Minister, Secretary Local Government, the elections are likely to be held in KPK in the last week of November, 2013. The learned Advocate General Balochistan stated that as the Cabinet is likely to meet soon, therefore, he would be in a better position to inform about the specific date on the next date of hearing regarding holding of elections. The learned Additional Advocate-General Punjab also seeks time for giving specific date for holding the elections. The learned Additional Attorney General stated that draft of the bill has been prepared and the same is likely to be enforced by means of temporary legislation i.e. Ordinance and he shall also inform the Court on next date of hearing regarding holding of elections in ICT.
138. ' With the consent of parties, only to the extent of discussing the issue of holding the Local Bodies'
139. Elections, the matter is adjourned to 23-9-2013 at Islamabad.