MUHAMMAD AFZAL ZULLAH, C.J.---In this case although only gang rape and the property rights of females are in particular involved but it also in general deals with the rights conferred by the Constitution and the law on the female section of our society. Specific Articles dealing with the women and children in the Constitution amongst others are:--
1. Article 11(3);
2. Article 25;
3. Article 25(2) & (3);
4. Article 26(1) & (2);
5. Article 27(1);
6. Article 34; 7, Article 35;
8. Article 37(e);
9. Article 38(a); and
10. Article 38(d).
The fact is that some of the Articles fall within the scope of principles of policy but that would not make much difference because this Court has by now held in a number of cases that Article 2A read with the relevant clauses of the Objectives Resolution dealing with the Human Rights, Article 4, with Specified Human Rights, the Fundamental Rights, and the Principles of Policy when combined together do provide lawful vehicle for interpretation defination, refinement and enforcement of the fundamental rights enshrined in our Constitution. See the cases of Darshan Masih alias Rehmatay v. State (PLD 1990 SC 513) and Miss Benazir Bhutto v. Federation of Paldstan (PLD 1988 SC 416).
In this case the question of gang rapes was seriously taken note of. The treatment of this subject was enlarged so as to make a substantial . Meaningful exercise in the Provincial and Central set- ups for the eradication and punishment of this crime. Throughout several hearings of the case none has even thought that the fundamental rights do not cover this subject. There is thus no need to examine that aspect. Attention, however, can be devoted to a more important matter, namely, the discussions which, during the Chamber processing of the case were held, with the State functionaries at very highly level, the Members of the Bar in general and the Bar Councils and Associations in particular. The note about one of the discussions held with Mr. Jamshed Barki, Secretary Interior, Government of Pakistan, is instructive in so far as some of the questions raised in the earlier processing by this Court, are concerned. The order dated Ist February, 1992 took note of some of the points raised. The order reads as follows:-- "Re: Human Rights Cases "Present: Mr. Jamshed Burki, Secretary Interior, Government of Pakistan.
"The discussions would further continue as they involve certain delicate points which need examination in depth. The Secretary Interior also mentioned the subject of methodology by the Supreme Court in these cases of Human Rights in the field of public interest litigation. While seeking information and guidance he assured that the Government at all levels would try unhesitatingly to support the programme--particularly when it has been launched by the Supreme Court and its orders are to be obeyed. He has been told; firstly, that the Supreme Court itself, it has been decided in the meetings of the Honourable Judges, would in the initial stages go slow so that contemporaneous public education, public service education and training as well as the understanding of the various problems involved in each case of Human Rights, by the Honourable Judges, takes place with ease and comfort. And thus the programme should not be misunderstood by anybody. There should be no misgivings, commotion or panic. This programme should also be treated and understood as any other programme of the Court in so far as the main methodology is concerned. In order to further make the beginning more easy, as a restraint, the Court has decided to take about 4 months in the Chamber processing by the Honourable Judges. The Chamber processing is slightly different in shade from Chamber hearing. No specific cases would be finally decided during this phase of the programme though interim orders sometimes with the consent and help of the parties concerned might be passed so as to facilitate the task of the Bench ultimately hearing the matter in Court. This hearing, it is expected, would start before Benches of minimum of three Honourable Judges; somewhere in June, 1992.
After the completion of the hearings the Honourable Judges would have enough time to record the opinions during summer vacations. I emphasized the point that the processing in the Chambers will, by and large be goal oriented. And the goal obviously shall be determined with reference to the subject-matter of Human right involved in each case.
Regarding the nature of the orders which the Court should be able to pass finally in these matters some Articles of the Constitution were examined. In particular it was emphasized that clause 3 of Article 184 of the Constitution read with Article 199 of the Constitution empowers the Supreme Court to pass any "appropriate" order. There is no other limit or condition imposed on the Supreme Court except that the appropriate order should be for the "enforcement" of any of the "fundamental rights" conferred by Chapter 1 of Part II of the Constitution. The question of nature of the "appropriate orders" was also discussed in some detail.
Another very important question of the contemporaneous support of law for passing any of the appropriate orders in any of these cases was also discussed with some of its deeper implications. It was pointed out that the "enforcement" of the fundamental right concerned being the object of the law as enacted in the Constitution, will itself, furnish the contemporaneous support for the appropriate orders. No further legal support might be necessary. It was also emphasized that although the scope is left very wide for the Supreme Court to pass "any" or "all" "appropriate orders" for the "enforcement" of fundamental rights; yet following the usual Rules of judicial restraint an effort would always be made in procedural matters to find and discover other statutory dispensation as well. Though, as already emphasized, strictly speaking it may not be needed at all.
The question of difference between "Human Rights" and "Fundamental Rights" raised by the functionaries of a Provincial Government also came under discussion. It was pointed out; firstly, that the fundamental rights conferred in Chapter 1 of Part are by and large very comprehensive and no internationally recognized Human Right would ordinarily remain out of them. While trying to discover the connection of a Human Right which is not, prima facie, conferred by Chapter 1 of Part II of the Constitution, the necessary next exercise would be done under another mandate of the Constitution; namely that contained in Article 2-A thereof. It makes the principles and provisions of the Objectives Resolution as a substantive part of the Constitution and the Courts are obliged to give effect to it accordingly. There are such Human Rights in Islam which when properly analysed and understood, definitely stand at a higher pedestal as compared to the internationally recognized Human Rights. For example, the right to obtain justice and the right to dignity of man are more pronounced in Islam than they are in any other system. When interpreting the fundamental rights and their scope as conferred by Chapter 1 in Part II, corresponding or extended rights in the Islamic Jurisprudence and philosophy as well as Islamic Law would obviously be kept in view. Thus in so far as the Constitutional Law of Pakistan is concerned the combined reading of Article 184(3), Article 199, Article 2-A and the Objectives Resolution, with a measured operation, will remove all technical difficulties in so far as the need of the Court, in the matter of enforcement of fundamental rights is concerned.
However, it was further emphasized that these are opinions only expressed at the stage of Chamber processing. And further, that they would always remain subject to the decisions by the Court in larger Benches, after regular due hearing.
The Secretary understood the points involved in today's discussion. He has to take time to think dispassionately and to deliberate on all these subjects. He was also told to hold meetings of experienced qualified officers so as to frame policy outlines in so far as the various Governments are concerned; but it always be kept in mind that the Court alone, and it was emphasized alone, may not be able to achieve the ultimate aims and objects and goals of this programme without very willing cooperation of the Government and its functionaries. He once again assured the Court that the same would be forthcoming. In this connection it might further be examined; whether, it would not be appropriate, now that the Supreme Court having launched the programme (even though it is slow at this stage but it would gain momentum), for the Governments to create out of existing functionaries, small or medium size Human Rights Cells at all Secretariat levels. Having done that it may also be further examined; whether, some functionary of the State should not be assigned same/similar job at each District Headquarter or if need be the constitution of a Committee at the District Headquarter may also be examined. Putting all jobs in one "basket" which as is well known in our adminstration is the Deputy Commissioner's Office, may not be as productive as the assignment of this function to another head, at the District level. The Secretary was told that he need not attend the next week Chamber processing though the matter would come on the cause list. As and when need arises for him to attend he will be informed, accordingly."
(Sd.)
Chief Justice.
For the last more than a year innumerable orders have been passed not only in this case but also in the other matters dealt with by all the Honourable Judges of this Court. In this process a future researcher will find a lot of material how and why Supreme Court started very active programme for enforcement of Human Rights by virtue of the powers conferred by Article 184(3) of the Constitution in particular and the entire Constitutional set-up of Pakistan, in general.
During this period Mr. Jamshed Burki, Secretary, Interior was made incharge of the research experiment if possible and discussions amongst the functionaries of the State at various levels including even the Chief Executive at the Centre and the Provinces in so far as the gang rape matter is concerned.
Mr. Aziz A. Munshi, Attorney-General for Pakistan, in the very beginning took several responsibilties for other subjects of human rights which he was dealing with in all the Benches. He volunteered similar responsibility about the violation of property rights of the females. This subject had earlier been dealt with by the Supreme Court in a detailed judgment known as Mst. Ghulam Sarwar Naqvi's case (PLD 1990 SC 1). Yet while ensuring that the law regarding right to property of females in Pakistan should not be wrongly interpreted in future; in the above-noted case, no procedural mechanism could be given for the streamlining of statutory part of the law; as distinguished from the law laid down by the Supreme Court (in the said case).
It has to be placed on record that both the Interior Secretary as well as the learned Attorney- General took pains and they did treat it as their sacred duty to assist the Court to the maximum limit. It is on account of this dedication on their part as well as the Governments concerned including Provincial Governments who through their learned Advocates-General all with devotion and dedication, did not leave behind any effort and innovations in so far as the women's rights are concerned.
It is on account of the afore recognized efforts that the Court has been saved of immense labour which otherwise might have taken much more time, for finalizing this matter containing two parts: one gang rapes; and the other, property rights of females.
At the final hearing on 22nd March, 1993 the Attorney-General as well as the Government of Pakistan in the Ministry of Interior placed before the Court their written submissions and draft proposals in line with many discussions which had already taken place in the Chamber processing for such a long time. Both the documents were scrutinized clause by clause---rather word by word at some length with the assistance of the Bar including the representative of the Pakistan Bar Council and all the Law Officers. After said detailed discussion the matter was again left to the Government of Pakistan in the Ministry of Interior and the Attorney-General to reaffirm the proposals which were discussed and approved ruing the hearing in Court in the light of the observations then made. Both of them have submitted separate instruments. The Attorney- General has given it the form of a draft law regarding the subject entrusted to him. They both are reproduced below:-- 1 "CANG RAPE.: The Supreme Court took suo motu notice under Article 184 (3) of the Constitution of the violations of the Human Rights with regard to gang rapes. The Attorney-General presented the written statement on behalf of the Secretary, Ministry of Interior explaining the measures taken by the Federal Government on the subject. The Court *[passed lie following order] after hearing the Attorney-General, the Advocate-Generals of the Provinces and the Secretary, Ministry of Interior. {{FOOTNOTE}} be read mutatis mutandis: [made remarks orders and observations/recommendation to the following affect]; {{FOOTNOTE}}
2. ENHANCEMENT OF PUNISHMENT FOR GANG RAPE: The law governing Adultery (Zina) and Rape (Zina-bil-jabr) is contained in the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. In it the punishment prescribed for 'Zina-bil-jabr liable to haddif the offender is a Mohsan is stoning to death in a public place; or if he is not a Mohsan with whipping numbering 100 stripes at a public place with such other punishments including the sentence of death as the. Court may deem fit.
However, in the case of `Zina-bil-jabr liable to tazeerthe punishment is imprisonment for a term which may extend to 25 years and whipping numbering 30 stripes. Although in the latter case the punishment is considered adequate, yet when the victim is subjected to gang rape at the hands of two or more persons the punishment does appear insufficient. It was unanimounsly felt that the punishment for `Zina-bil-jabr liable to Tazeerin the case of gang rape should be death in the same manner as prescribed for `Zina-bil-jabr liable to Hadd'. This will require an appropriate amendment is section 10 (3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
3. PROVISION FOR FEMALE VICTIM DEPOSING 'IN CAMERA': It has been experienced that women who become the victims of rape, are in the existing law forced to testify in an open Court which causes them extreme embarrassm ent. It can also deter such victims from coming forward to depose against the accused persons. It is, therefore, necessary that society protects their shame and modesty by *[permitting] such women who have been subjected to `Zina-bil-jabr to give evidence 'in camerain Court. The Qanun-e-Shahadat, 1984, would need to be amended accordingly.
4. CONFISCATING PROPERTY OF GANG RAPE CONVICTEES FOR COMPENSATING VICTIMS: The relatively large number of gang rapes in this country do require that the punishment for the persons guilty of the offence of 'Zina-bil-jabr liable to Haddas well as to `Tazdershould be made deterrent by providing that the whole of the property, both movable and immovable, of the convict shall be made over to the victim of the offence. This will require an amendment in section 544-A, Cr.P.C.
5. SETTING UP OF SPECIAL INVESTIGATION TEAMS AT PROVINCIAL HEADQUARTERS: The Court feels that in addition to enhancing the punishment for the offence of gang rape there is also a need for taking steps to ensure a very quick investigation and trial followed by deterrent punishment so that the message gets home to all. For this purpose it is recommended that all four Provincial {{FOOTNOTE}} be read mutatis mutandis as [directing that]. {{FOOTNOTE}} Governments and the Federal Government organize Special Investigating Teams to be positioned at each Provincial Headquarter and at Islamabad respectively. They would be under the direct command of the respective Inspector-General of Police. Whenever a report is received of a gang rape incident in any part of the Province, this Team would reach the spot by the quickest means available and take over investigation of the case from the local SHO in its entirety. It would be properly organized and equipped to enable it to do so, and shall be accompanied by a Magistrate and a Medical Officer detailed for the task by the Provincial Home Secretary. For ease of travel we recommend that a helicopter be provided for the Team which could also perform other necessary duties whenever so warranted in the field of criminal administration. The strength and composition of the Force would be left to each Provincial Government to devise depending upon the local situation.
6. PUNISHMENT OF DEFAULTING OFFICIALS: Under the Police Act and Rules as well as the Code of Criminal Procedure the SHO incharge of a Police Station is responsible for peace and order in his jurisdiction. It is inconceivable that the offence of gang rape can occur if the SHO performs his duties impartially, responsibly and conscientiously. It is, therefore, necessary to provide in the Rules that whenever the offence of gang rape occurs the SHO concerned will be suspended and shall remain so suspended pending further action which may be dictated by findings of the investigation carried out by the Special Investigating Team unless the Superintendent of Police chooses not to suspend him for the reasons to be given in writing. It will also be necessary to empower the Magistrate to record the statements of the witnesses under section 164, Cr.P.C. By making a provision in law that if an accused person is unable for any reason to cross-examine the witness at that time he may be permitted to do so at a later stage. It should also be the aim of the Special Investigation Team to complete its investigation and forward the case for trial to the Sessions Court within 4 days.
7. PROVISION OF COUNSEL TO RAPE VICTIMS: There is also a need for ensuring justice to the victims of gang rape by enabling them to acquire a good lawyer at Government expense. For this purpose it is recommended that a panel of qualified lawyers be prepared in consultation with the Pakistan Bar Council from which the victim would the able to choose one to represent her in the trial of the case. However, the State Prosecutor shall retain the powers of deciding generally how to present the case for prosecution in Court.
8. PROVISION FOR EXTRA APPEAL IN RAPE CASES: There are some gang rape cases where acquittals have taken place on account of improper investigation or prosecution or both. In such cases some amendment in law would be necessary in order to permit retrial of such cases, in the exception to section 403, Cr.P.C. On the lines of section 417, Cr.P.C. And the General Clauses Act. It is intended thereby to enable the relatives of the victim or the victim herself to utilize the provision by going in appeal against the acquittal.
9. PUNISHMENT FOR DEFAULTING OFFICIALS: There are some cases of gang rape where because of their influence the perpetrators succeed ensuring that no FIR is registered or Challan submitted to the Court and the accused are discharged by a Magistrate. In such cases the Sessions Court must bring the Magistrate under scrutiny in order to discourage the spread of abuse of authority. It is also recommended that a relevant provision be enacted in the law to provide for severe punishment to those officials against whom it as proved that they have by acts of omission or commission tried to hinder the course of justice in all cases of gang rape.
10. AVOIDANCE OF PUBLICITY FOR RAPE VICTIMS: The victim of gang rape should not be subjected to unnecessary publicity. Therefore, the publication of any information in the media which tends to do so should be prohibited. This would include banning the publication of her photograph and other particulars which would tend to cause her embarrassment and shame and add to her existing misery.
11. THE SUBJECT OF HUMAN RIGHTS: The subject of Human Rights already stands allocated to Interior Division under sub-para. 27 of para.19 of Schedule 2 of the Rules of Business. The reason being that this subject has always been handled by the Interior Ministry in the past as it deals with National Security and, consequently, law and order and 'Criminal Laws, and hence appears to be the most suitable one for dealing with this subject also. "Be that as it may, a new independent Human Rights Enforcement Division be created in the Ministry of Interior forthwith."
12. MAGISTERIAL CONTROL OVER POLICE: In pre-Independence times the Maga Magistrate and the District Magistrate made entries in the Annual Confidential Reports of Police Officers both at the SHO as well as the Superintendent of Police level. This system was {{FOOTNOTE}} [Where separation of judiciary takes place mutatis mutandis judicial functionaries would be sustituted]. {{FOOTNOTE}} devised in the light of the. Fact that the Illaqa Magistrate and the District Magistrate knew intimately and at very close quarters, the quality of investigation carried out by Police Officers and were, therefore, most qualified to record their comments on their A.C.Rs,. This also ensured that Police Officers, in addition to their own superiors within the hierarchy, were also accountable to the Magistracy for carrying out good and proper investigation of criminal cases. That practice was discontinued for no good reason. We feel it can, and should be revived, as one of the measures for improving the investigation and Police work".
II. DRAFT LAWS REGARDING WOMEN:--- A. "Whereas it is expedient to provide for facilities to women. Now therefore it is hereby enacted as under:
1. This Act shall be called Facilities to Women Act, 1993.
2. The provisions of this Act shall come into force at once and shall apply to the whole of Pakistan.
3. Notwithstanding anything contained in any other law for the time being in force, custom or usage to the contrary wherever in civil legal proceedings and in all rape cases a woman is required to tender evidence, she shall be exempted from personal appearance in Court unless she volunteers to do so in writing, and her evidence shall be recorded at the place where she is resident by the Court in the presence of parties and their Advocates.
4. The District Magistrate of the area in which the woman resides Shall make allnecessary arrangements and provide all necessary help for recording such evidence, in compliance with the orders of the Court mentioned in section 3.
This draft is prepared on the directions of the Hon'ble Supreme Court dated 22-3-1993 in the Human Rights Cases heard at Islamabad and the same is for consideration for incorporating relevant provisions thereof in the proposed Order of the Hon'ble Court."
By the Attorney-General.
B. "Whereas it is expedient to ensure expeditious division and distribution of the estate of a deceased Muslim in accordance with Injunctions of Holy Qur'an and Sunnah.
Now therefore it is enacted hereby as under:-.
1. This Act may be called Speedy Distribution of Movable and Immovable Property of Muslims Act, 1993.
2. The provisions of the Act shall come into force at once, and shall apply to the whole of Pakistan.
3. Notwithstanding anything contained in any other law for the time being in force or any custom or usage to the contrary, the properties both movable and immovable of a deceased Muslim shall be divided and distributed to the respective heirs of the deceased by the Civil Judge having territorial jurisdiction in the district in which the person died leaving behind his properties, within 120 days of such death, in accordance with the Muslim Personal Law, by which the deceased was governed at the time of his death.
4. It shall be the duty of the Judge concerned referred to in section 3 to divide and distribute both novable and immovable properties of the deceased Muslim who died in the territorial jurisdiction of his district among male and female heirs of the deceased within the period mentioned above after giving reasonable opportunity to all heirs to be heard and in cases of contest between parties to decide all questions relating thereto expeditiously within the period prescribed in section 3.
5. For the purpose of giving effect to the provisions of this Act and for protection, preservation and distribution of the estate of the deceased among the heirs, the concerned Civil Judge shall have the power--
(1) to act suo motu or on the application of any person whether an heir of the deceased or not who informs of the death of a Muslim;
(2) to make all such inquiries as may be necessary for identifying the properties of the deceased and advertising the same for the purpose of division and distribution in accordance with the applicable Muslim law;
(3) to pass an order under Order 38, rule 5, C.P.C., under Order 40, rule 1, C.P.C., under Order 39, rules 1 and 2 of C.P.C. And make such other orders as are necessary to give full effect to the provisions of this Act including those for partition and sale of properties wherever necessary or possible of the properties to the respective heirs after final determination of their entitlement.
6. Notwithstanding anything contained in the provisions of sections 3, 4 and 5 of the Speedy Distribution of Movable and Immovable Property of Muslims Act, 1993 it shall be optional for the parties to divide movable properties by mutual consent in regard to devolution and in case of contest, the Civil Judge shall decide about their division and distribution in accordance with the provisions of the Act.
7. In exercising powers under this Act, the Civil Judge shall be governed as far as possible by the provisions of the Code of Civil Procedure, 1908.
8. The Civil Judge shall not admit or confirm any Deed of composition or settlement of shares executed by any heir of the deceased unless he is satisfied in the hearing held in open Court in the presence of all heirs and their respective Advocates about such composition or settlement having been executed for valid consideration and in good faith.
8-A. All final orders of the Civil Judge dividing and distributing the properties to the heirs as well as orders made under sections 3, 4 and 5 shall be appealable to the respective Courts as provided in the law.
9. After initiating proceedings till completion thereof, the Civil Judge shall, each month submit a brief report to the District Judge of the district relating to the proceedings and all orders passed therein.
10. The provisions of this Act shall not apply to any pending legal proceedings relating to the administration of the estate of a deceased Muslim which are pending in any Court of Law in Pakistan nor shall any of the provisions of this Act affect the existing jurisdiction of any of the High Courts or Supreme Court of Pakistan presently in force under any law or the Constitution as the case may be, which jurisdiction the High Court and the Supreme Court shall continue to exercise.
11. Notwithstanding the provisions of this Act or any other law for the time being in force or any custom or usage to the contrary, the provisions relating to the law of judicata as mentioned in section 11 of the Code of Civil Procedure, 1908 or the Limitation Act, 1908, shall not apply to the cases of devolution of properties of a Muslim male and female which can be divided and distributed at any time by the competent Civil Judge or the High Court or the Supreme Court in cases where legal heirs of a Muslim have not received their due share of the estate.
C. MISCELLANEOUS PROVISIONS TO BE INCORPORATED IN APPROPRIATE MEASURES WHETHER FEDERAL OR PROVINCIAL.
RURAL AREAS: (1) For the purpose of giving effect to the provisions of this Act every Lumbardar/Patwari in rural areas shall report death of a deceased Muslim to the Civil Judge of the district within 7 days of such death with the name, age and address of the deceased.
2. All immovable properties shall be mutated and entered in the records to be maintained by the Deputy Commissioner in a register maintained for the purpose which shall be open for inspection of the public on all working days, showing full description of the properties with numbers of identification.
URBAN AREAS: (1)---In respect of the Urban areas, the Officer Incharge of the Municipality or the Municipal [Board], Corporation, or an Officer duly authorised by him shall be responsible to inform the Civil Judge of the concerned area, of the death of a deceased Muslim within 7 days of such death with the name and address of the deceased.
2. It shall be the responsibility of the Municipality or the Municipal Corporation or the concerned Chief Executive of the Cantonment Board or an Officer of a statutory or local authority to maintain a register of the properties showing full description of the properties of the deceased and identification which shall be open for inspection of the public on all working days.
3. The Federal Government, the Provincial Government, the Cantonment Board or all local or statutory [Board] authorities, the Municipal Committee or the Municipal Corporation as the case may be, may make rules for enforcement of the provisions of this Act as may be necessary and the same shall be published in the official Gazette.
Note.-- This draft is prepared on the directions of the Hon'ble Court dated 22-3-1993 in the Human Rights Cases heard at Islamabad and the same is for consideration of the Hon'ble Court for incorporating relevant provisions thereof in the proposed order of the Hon'ble Court as may be deemed proper."
By the Attorney-General.
Although by and large the above reproduction contains the result of the hearing, observations and decisions taken in Court yet as will be presently explained these subjects should not be treated as closed. Various elements therein are very delicate. The Government, the legislature and the Supreme Court will have to keep both the subjects under constant review. For example, one observation was made by the Court that in proper cases in addition to the Magistrate, the Doctors, a small Chemical Laboratory be also taken to the spot by the I.O. After the investigation, the submission of a report may be even interim under section 173, Cr.P.C. And the trial Court may also commence proceedings at the spot by making proper provisions through improvised tentage and other modern gadgetary for the comfort of the learned trial Judges going at the spot for holding trials. This stage, we realise, will reach later and after some exercise in so far as infrastructure is concerned. This and similar other points which were discussed but have not been noted for the time being may make the subject-matter of the later submissions to the Court in due course. As already indicated these subjects will constantly be kept under review. There shall be no bar to the Government, its functionaries and individuals seeking further orders, guidance and clarifications from the Court. Those applications would also fall under Article 184(3) of the Constitution. There is no doubt about it.
It has also to be clarified that the time may come that the Supreme Court may not be able to deal with the entire lot of work in this subject. Help and assistance as is being rendered by the High Courts, can be increased in due course; after the High Courts as they have already supported, streamline their own procedures. Cases could then be entrusted to the High Court as well as to the other judicial and executive officers under Article 190 of the Constitution for appropriate proceedings as deemed fit by the Supreme Court in exercise of powers under Article 184(3) of the Constitution (read with Art.190 thereof).
As to the operative order it has to be straightaway observed that as the above discussion shows the matter would be kept under constant review. This order will have finality but subject to the said condition. It may be mentioned here that some conclusions reached and embodied in the above reproduction of two documents would/might need legislation but not all of them. Many of the objectives would be achieved by seeking specific orders in particular cases from the Supreme Court under Article 184(3) of the Constitution.
As has now been recognized for the eradication of the violation of the fundamental rights as well as for their enforcement the Court can direct the amendments in law as well as enactment of necessary legislation. But in our view, most of the need for legislation which might involve long delays, would be obviated by seeking and obtaining orders from the Court under Article 184 (3) of the Constitution. In particular situations, as already explained, the Court having enough power as discussed in the earlier part of this judgment to meet a large majority of requirements for the implementation. Further action for legislation on the lines given by the Attorney-General and the Ministry of Interior on our directions, orders, observations with changes mutatis mutandis like some illustrated in the text, with due care and caution with further study of all the necessary implications in law and society, should immediately start. However, the executive orders and the creation of a new H.R. Division, the creation of infrastructure including a "FAST Action Strike Target" police force nickname may be FAST, the provision of helicopters, the establishment of central headquarters should not be delayed. The buried, hushed up and other similar cases can be taken up for re- opening. It all should start if possible, within few weeks.