| Citation(s) |
|---|
| 2012 SLG 1430 2012 SLD 1430 2012 SCMR 388 |
Supreme Court of Pakistan
Constitution Petition No. 1 of 2012, decision dated: 10-02-2012
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., KHILJI ARIF HUSSAIN AND TARIQ PARVEZ, JJ
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Constitution Petition No. 1 of 2012, decision dated: 10-02-2012
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., KHILJI ARIF HUSSAIN AND TARIQ PARVEZ, JJ
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Mst. ROHAIFA
VS
FEDERATION OF PAKISTAN through Secretary Ministry of Defence and others
Law:
Section:
(a) Constitution of Pakistan-------Art. 184(3)---Constitutional petition---Missing persons---Authorities, on the previous date of hearing, had been directed to produce seven such persons before the court, out of which four were reportedly admitted in a hospital and three were allegedly in an Internment Centre---Authorities had filed replies to the direction of the court but compliance of same had not been made---Effect---Detention of persons in Internment Centre would mean that they were in the custody of civil administration because a person cannot be kept in such Center without the sanction of the competent authority/Governor of the Province, and similarly other persons were in a civil hospital, therefore the civil administration ought to have inquired about them---Authorities had the responsibility of complying with the order of the court in letter and spirit and non-appearance of counsel of authorities suggested that reluctance was being shown from producing the said persons before the Supreme Court---Authorities were directed, severally and jointly, to ensure production of said persons before the Supreme Court in safe custody without fail on the next date of hearing---Order accordingly. (b) Actions (in Aid of Civil Power) Regulation, 2011--- ----Regln. 14---Constitution of Pakistan, Art. 184(3)---Constitutional petition---Missing persons---Oversight Board---Authorities, on the previous date of hearing, had been directed to produce seven detenus before the court, out of which three were allegedly in an Internment Centre---Authorities had filed replies to the direction of the court but compliance of same had not been made---Detention of detenus in Internment Centre would mean that they were in the custody of civil administration because a person cannot be kept in such Centre without the sanction of the competent authority/Governor of the Province---Notice was issued to the Governor, through the Chief Secretary to apprise the court as to whether in terms of Regln. 14 of the Actions (in Aid of Civil Power) Regulation, 2011, an Oversight Board had been constituted, and if it was, a report was to be procured from the Board to determine whether they had visited…
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