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CJP asks govt to give in writing that there’ll be no more enforced disappearances

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  • Aitzaz’s petition seeks establishment of an “effective” commission.
  • Court verdicts not enough, state needs to “change its mindset”: CJP
  • “Country has been fractured,” CJP on enforced disappearances.

ISLAMABAD: Chief Justice of Pakistan (CJP) Qazi Faez Isa on Wednesday asked the federal government to give in writing that there would be no more enforced disappearances in the country.

The development came as a three-member bench led by Justice Isa and comprising Justice Muhammad Ali Mazhar and Justice Musarrat Hilali, heard the petition of Barrister Aitzaz Ahsan and other petitioners on the unlawful practice of enforced disappearances, praying for declaring it as violative of various articles of the Constitution.

“We do not want a statement from any section officer. The Government of Pakistan should give us in writing that no one will be illegally disappeared anymore,” the CJP said during a hearing of the case.

Aitzaz had prayed the court to declare that enforced disappearances are violative of Articles 4, 9, 10, 14, 19, and 25 of the Constitution besides declaring that the Commission of Inquiry on Enforced Disappearances does not adequately comply with legal and international standards.

Similarly, he asked the apex court to set up an effective and purposeful commission.

He prayed the apex court that the commission should be headed by a judge of the Supreme Court while members of the commission should be the Supreme Court Bar Association president, Pakistan Bar Council vice chairman, Lahore, Sindh, Peshawar, Quetta Bar Association heads, Human Rights Commission of Pakistan chairman, National Commission on Status of Women chairperson, Inter-Services Intelligence (ISI) Director General, Intelligence Bureau (IB) additional director general and Pakistan Federal Union of Journalists president.

In today’s hearing, the CJP lamented that the country has been “fractured” by its people, saying that the state needs to change its mindset as court verdicts alone are not enough to end the practice of enforced disappearance.

At the outset of the hearing, Ahsan’s counsel Shoaib Shaheen cited the Supreme Court’s verdict on the 2017 Faziabad sit-in.

The CJP inquired how the Faizabad sit-in verdict is related to enforced disappearances. Advocate Shaheen maintained that the court has mentioned the role of intelligence agencies in the verdict.

At this, the CJP asked Shaheen to explain the part of the Faizabad sit-in decision that applied to the participants of the Baloch protesters protesting against enforced disappearances.

The counsel replied that the Faizabad verdict stated that peaceful protest is the right of every citizen and called for action against those who resorted to violence.

“I am surprised that you are referring to the Faizabad dharna verdict,” the CJP remarked.

Advocate Shaheen said he had been always referring to the Faizabad verdict. “If the Faizabad sit-in decision had been followed so such circumstances would not have happened today,” he added.

The top court adjourned the hearing of the case till January 9.

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PTI suggests resuming talks with government over judicial commission issue.

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Barrister Gohar, Chairman of the PTI, has claimed that the party’s founder has suspended negotiations, emphasizing that the government should declare the commission within seven days.

He emphasized the PTI’s openness to rethink if the government makes headway and establishes the commission.

Barrister Gohar told the reporters, “Seven days were enough to announce the commission.” We are ready to reconsider, but the government must first announce the commission.”

He stated that the PTI approached the negotiations with an open mind. “The PTI founder has halted the negotiations. “The government had eight laws on their agenda, while we only had two demands,” he stated.

The PTI chairman went on to say that even after seven days, no progress had been made in forming the commission. He encouraged the government to reconsider the decision and proceed with the announcement.

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PTI will declare February 8 to be “Black Day,” sparking protests across the country.

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According to reports, the Pakistan Tehreek-e-Insaf (PTI) intends to hold rallies nationwide on Wednesday in support of its decision to declare February 8, the one-year anniversary of the general elections, a black day.

According to media sources, PTI founder Imran Khan has instructed all party lawmakers—including MPAs and MNAs—to plan and take part in demonstrations in their local communities on February 8 in order to draw attention to their complaints and issues.

In a recent meeting with legal advisors on Wednesday, Imran Khan expressed dissatisfaction with the performance of the party’s Information Secretary Sheikh Waqas Akram. The meeting emphasized the importance of party discipline and gave stern directives to abstain from any criticism of Maulana Fazlur Rehman, the head of the JUI-F.

It has also been suggested that the PTI engage opposition leaders in the demonstrations in order to win their support.

Party insiders revealed that the founder has urged leaders to ensure effective coordination and mobilised efforts in preparation for February 8.

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In 13 cases involving the D-Chowk demonstration, Bushra Bibi granted temporary release until February 7.

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Bushra Bibi, the wife of the PTI chairman, was granted temporary release by the Islamabad Anti-Terrorism Court (ATC) in 13 counts pertaining to the November 26 D-Chowk protest. Judge Tahir Abbas Supra ordered the police to produce all pertinent documentation by February 7 and granted bail against surety bonds of Rs. 5,000 apiece.

Additionally, Bushra Bibi was given temporary release until February 7 in the Rangers’ accident case. During the hearing, Judge Tahir Abbas Supra expressed disappointment over the behavior of the defense counsel on two occasions. Addressing the lawyers, he remarked, “You demand VIP protocol everywhere, but this is not possible. Prepare your files properly before coming to court.”

Three cases at the Secretariat Police Station, two each at the Margalla, Karachi Company, and Ramna Police Stations, and one each at the Tarnol, Kohsar, Aabpara, and Khanna Police Stations are among the numerous charges against Bushra Bibi.

In addition, the judge chastised the defense team for requesting that Bushra Bibi sign and thumbprint blank documents. He said, “The accused must sign and thumbprint the court orders, not blank sheets.”

Bushra Bibi also went to the Islamabad High Court to have her biometrics verified in relation to her appeal to be exonerated in the Toshakhana-II case. On Monday, Bushra Bibi and the PTI chairman submitted their acquittal petitions. After finishing the biometric procedure, she departed right away.

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