The bench in its order observed that the situation brought before them was self-explanatory and required no comments from the court. The enforcement of fundamental rights rested upon executive authorities. No progress over missing persons had been made while miseries of near and dear-ones of these missing persons were worsening, it added. The bench in short order further said that executive authorities were bound to follow the command of the constitution and implement them in letter and spirit. It said that this court had not stated a single word about the provincial assembly.
Earlier, during course of proceedings, the bench expressed its dissatisfaction over the progress report submitted by Shahid Hamid, counsel for the provincial government. The Chief Justice observed that they had moved beyond the submission of progress reports, "after 72 hearings, we have passed an order. When you are not protecting the people, why are you sitting there, the assembly resolutions would do little. The life of an individual is the most precious." He told the counsel that Dr Saeed Ahmed had returned back after paying of hefty Rs 9.5 million amounts in ransom which was an open secret and everybody knew it.
"About 26 doctors had been killed and nobody realised the situation," he added. Shahid Hamid maintained that an apex committee under the Governor had been formed with the Chief Minister, chief and home secretaries, heads of ISI, MI, IG FC and others were its members. He apprised that five divisional committees were also constituted.
About the steps taken for improvement of law and order in the province, the counsel said the month of Muharram had passed peacefully whereas three missing persons had been recovered, with no recovery of mutilated body. Only an incident each of target killing and sectarian had taken place.
He said that some negotiations also took place for the release of Dr Saeed. The Chief Justice taking strong exception to such statement told him to divulge names of those officers who had brokered the deal. "If you are running the government in this way, where lies your authority," he observed. He said Dr Din Mohammad Bangalzai, Dr Fareed and Dr Saeed Ahmed all were released after payment of ransom amounts.
"It's our own country, we have to secure it. We cannot hand over future of the country to criminals. Why police chief is sitting in uniform!" he added. Dr Sultan, a representative of the doctors' community, appeared and said that Dr Saeed was kept somewhere around Quetta and the police failed to trace out his abductors despite having gadgets to detect cell phone calls.
He said that their protest procession was baton charged and a large number of doctors were arrested after imposition of section 144, besides suspending their services. The Chief Justice told him that their demand was valid but the Court would not support such acts like holding of strikes. "We cannot become a party to such activities," he added. He advised the doctors' community to adopt those measures which were permitted under laws. The Chief Justice told the counsel for the provincial government that prima facie, they were not satisfied with the situation.
"Article 7 of the Constitution defines status of the State and the provincial government. You must realise the responsibilities. We are not sitting here as reformers," he added. He said if nobody was taking the responsibility, then asks the Chief Minister to accept it.
About missing persons, the CJ remarked that none among the missing persons had been recovered so far. Ask the chief secretary whether he succeeded in bringing normalcy to Dera Bugti? He posed a question. He reminded the counsel that a judicial verdict was against them and the history would bear facts. "You have flouted the Court's orders, we will lay down a verdict and you will have to bear the consequences," he added.
Shahid Hamid apprised that the provincial government had sanctioned compensation money for the victims' families of terrorism. He said Rs 54 million had been released whereas Rs 82 million was in the process. To compensate internally displaced persons, they had so far received 18,205 applications.
He said according to the Customs statistics, a total of 50,000 smuggled vehicles were plying throughout the country including 19,000 in Balochistan province. He said they would directly request the minister for interior Rehman Malik to direct Nadra to provide them data about the persons involved in terrorism activities immediately as the process consumed lot of time.
He also sought a directive for the Auditor General for Pakistan to complete audit of all the finances of provincial departments. The counsel also presented a special report which was rejected by the bench saying that there was no secret in such report. The bench issued notices to Pakistan Telecommunication Authority (PTA) and Balochistan police over issue of unverified SIMs and adjourned the case for two weeks, to be taken up at Quetta.