The apex court grilled Interior Secretary Syed Kamal Shah for not taking appropriate steps after the broadcast of a news report regarding flogging of a 17-year girl by Taliban in Swat. "It is not our duty to wake up police and ask for action," observed the CJ adding that the honourable bench took notice of the issue as it involves prestige and dignity of the country in the international arena.
For what function you (Secretary Interior) are sitting and what are you doing for the state? Is your duty merely confined to arrest judges - which is a simple task for you, observed Chief Justice Iftikhar Muhammad Chaudhry.
Referring to the recent spate of suicide attacks in different parts of the country, the CJ observed that you (Secretary Interior) are simply giving us statements while sitting in your office, but we are not satisfied with your statements. Go to Swat yourself and look into the matter, the CJ added.
Chief Justice Iftikhar Muhammad Chaudhry on April 4 had taken suo motu notice of the incident of flogging of a 17-year girl by Taliban in Swat and had directed the Ministry of Interior to recover and produce the girl before the court.
An eight-member bench of the apex court comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Javed Iqbal, Justice Sardar Muhammad Raza Khan, Justice Khalil-ur-Rehman Ramday, Justice Faqir Muhammad Khokhar, Justice Mian Shakirullah Jan, Justice Raja Fayyaz Ahmed and Justice Chaudhry Ijaz Ahmed, directed for submission of a detailed report into the incident of flogging of a girl in Swat and adjourned the hearing for a date in office.
The order issued by the court said: "Let Interior Secretary, Chief Secretary and IGP, NWFP submit fortnightly report to the Registrar for our perusal in chambers." "It is true that on the basis of material ie video, etc, matter requires detailed probe to locate the place of incident, application of the law over there and to ascertain as to whether the sentence of flogging was awarded lawfully or otherwise, therefore, we consider it appropriate that a thorough inquiry is required to be conducted in this behalf," says the order.
Chief Justice Iftikhar Muhammad Chaudhry said that we may further observe here that the investigation team, besides examining different aspects of the case, may also examine the notables of the area because according to the statement of Chand Bibi (victim) and Adalat Khan (Chand Bibis husband), no such incident had taken place, therefore, possibility cannot be ruled out that some fake CD or material, with ulterior motives, has been prepared in order to unnecessarily malign the people of Swat, who now are demanding for application of Shariah laws in that area.
Attorney General Latif Khosa at the outset of the hearing made a plea for in camera hearing of the case saying the issue was sensitive. But the court turned down the request with an observation that the issue was reported by the media and facts are to be brought before the public.
Justice Javed Iqbal observed that people in Pakistan are very well aware about the secrets of the government. The AG informed the court that there were two incidents of flogging. Besides, the girls statement before the magistrate was also presented by the AG, in which Chand Bibi has denied the alleged flogging incident.
The AG also submitted a "classified" report of the issue before the bench and informed that it was compiled by Chief Secretary of NWFP. Chief Justice Iftikhar Muhammad Chaudhry expressed displeasure and said the Chief Secretary had no right to compile the report. "If you are helpless, go home and leave the job," he said while addressing the AG.
Malik Naveed Khan, IGP, NWFP stated that FIR had been registered but it is not known exactly as to where the incident of flogging had taken place. However, an investigation team, headed by DPO and Acting DIG, Swat, two DSPs and two inspectors has been constituted to probe into the matter.
A team of two high officials comprising Commissioner Malakand Syed Mohammad Javed and a senior judge had visited Kala village situated in the far-off area of tehsil Kabal and recorded the statement of Chand Bibi in which Chand Bibi had denied the happening, he added. Chand Bibi and her husband Adalat Khan also stated that they could not appear before the court as this would be against their tradition.
The IG drew the attention of the court to the fact that the police had no access to several areas in Swat. To this, the bench remarked: "Your statement is tantamount to laying down your arms." "You have to establish the writ of the government," the Chief Justice observed.
Peshawar High Court Bar Association President Latif Afridi said that there is no writ of the government in Swat. "Out of 1600 police officials only 700 are working," he said. He said that despite a military operation the government has opted to surrender in Swat. "Military action failed to bring in results and now it is total surrender," he added.
The Attorney General assured that the federal government as well as provincial government fully realise their duties and they are taking all factors into consideration and are going to hold a high-powered meeting headed by the Prime Minister in order to ensure that lawlessness is controlled not only in NWFP but all over the country.
Justice Khalil-ur-Rehman observed that if the statement of Afridi was correct, then the stage of dialogue no longer exists. In such circumstances the Chief Secretary and the IG are simply helpless and have no access in the area, so how could an inquiry be conducted? The court adjourned the matter for an indefinite period with a direction for submission of a fortnightly report.