IN THE SUPREME COURT OF PAKISTAN 
(Original Jurisdiction) 
 
 
 
 
 
PRESENT: Mr. Justice Jawwad S. Khawaja 
 
 
 
 
 
Mr. Justice Iqbal Hameedur Rahman 
 
 
 
 
 
 
 
CMA No.8032/2013 
(Compliance report of order dated 10.12.2013 
passed by this Court in HRC No.29388-K/13) 
And 
 CMA No.8033/2013  
(For correction of order dated 10.12.2013 
passed by this Court in HRC No.29388-
K/13) 
 
IN 
H.R.C. No.29388-K/13 
(Application by Mohabbat Shah for recovery of 
Yaseen Shah, missing person) 
 
For the Applicant:  
 
Mr. Tariq Mehmood Khokhar, Addl.A.G.P. 
 
 
 
 
 
Mr.Shah Khawar, Addl.A.G.P.  
 
 
 
 
 
(in second half) 
 
 
 
 
 
 
Date of Hearing:  
 
10.01.2014 
 
ORDER 
 
 
 
 
After the hearing conducted in H.R.C. No.29388-K/13, a 
comprehensive order was passed on 10.12.2013. In this order, it was 
inter alia declared that Army authorities have removed 35 persons from 
Malakand Internment Centre out of whom only 7 persons have been 
produced. It had also been directed that the authorities, whether of the 
Army or otherwise, had no authority to detain these persons illegally. 
As a consequence, the Chief Executives of the Federal Government and 
Government of the Province of KPK were directed to “immediately 
proceed with this case and ensure recovery of these persons within 07 days 
and submit report to the Registrar for our perusal.” Furthermore, persons 
responsible for such detention were ordered to be ‘dealt with strictly in 
accordance with law”. It is apparent that this order has not been 
 
2
complied with. Instead, an application (CMA No.8032/13) has been 
filed seeking permission to file an additional document in Court. The 
additional document purports to be a notification dated 20.12.2013. In 
view of its relevance the said document is reproduced in extenso:- 
“  GOVERNMENT OF PAKISTAN 
MINISTRY OF DEFENCE 
 
NOTIFICATION 
Subject:- 
COMMITTEE TO IMPLEMENT THE ORDER OF 
SUPREME COURT DATED 10TH DEC, 2013 IN 
HRC NO.29388-K OF 2013 : APPLICATION BY 
MUHABAT SHAH S/O QABAL SHAH 
 
 
 
The Hon’ble Prime Minister has been pleased to 
constituted a Committee for implementation of the Hon’ble Supreme 
Court order dated 10.12.2013. The Committee shall include:- 
 
 
(i) 
Minister for Defence  
- 
In Chair 
 
(ii) 
Attorney General for Pakistan - 
Member 
 
(iii) 
Secretary Defence  
 
Member  
 
(iv) 
Secretary Interior  
 
Member 
 
(v) 
Secretary Law, Justice   
Member 
and Human Rights  
 
2. 
 
The Committee is mandated to discuss the issue in 
depth and submit recommendations with time lines for compliance of 
order dated 10th December, 2013 passed by the Hon’ble Supreme Court 
of Pakistan. The committee may also propose draft law as per directions 
of the Court vide para 18 of the said order.  
3. 
 
The date and venue for the first meeting will be 
communicated shortly.  
 
Sd/- 
(Hasan Mahmud) 
Deputy Secretary (Army-A) 
Ph:9271127 ” 
 
We note that there is no report of compliance of our order and the 
directions contained therein. Furthermore, the persons responsible for 
illegal/unconstitutional acts were directed to be dealt with in 
accordance with law. This also has not been done. Since there is prima 
facie non compliance of an order of this Court, consequential 
proceedings are required to be initiated.  
 
3
2. 
Notice shall therefore, issue initially to the Secretary to the Prime 
Minister who shall bring the above noted non-compliance to the notice 
of the Chief Executive/Prime Minister. Likewise, notice shall issue to 
the Chief Secretary, KPK who shall bring the above noted non-
compliance of Court order to the attention of the Chief Executive KPK. 
Notice shall also issue to the Secretary, Law, Justice & Human Rights. 
The learned Additional Attorney General, upon being questioned as to 
why the Court order has not been complied with, states that he needs 
some time to obtain instructions. He may obtain instructions today. 
The Chief Executive of the Federal and Provincial governments 
respectively may also file comments in light of the above.  
3. 
In addition to the above, we have observed in our order dated 
10.12.2013 that there is no law which allows for undeclared internees. 
We had therefore, expressed the view that ”there must be some legislation 
to control such like activities and the Federation through Chief Executive 
must ensure that in future no enforced disappearance takes place.” The 
notification dated 20.12.2013 reproduced above, apart from being 
irrelevant in terms of the directions of this Court dated 10.12.2013, has 
merely mandated a Committee “to discuss the issue in-depth and submit 
recommendations with timeline” for compliance of our order dated 
10.12.2013. 
4. 
Mr. Tariq Mehmood Khokhar, Additional Attorney General, on 
his request, was granted some time to obtain instructions in respect of 
any compliance with the order dated 10.12.203 and the current status 
of legislation, if any, in terms mentioned in sub-para 2 of para 18 of our 
order dated 10.12.2013. After about 40 minutes, the case was taken up 
 
4
again when Mr. Shah Khawar, learned Additional Attorney General 
appeared and stated that according to his instructions a report was 
submitted in the office of the Registrar of this Court on 19.12.2013. The 
said report is not on our file. Nevertheless, a copy which purports to be 
“an interim reply” to the Court order of 10.12.2013 has been submitted 
in Court. Since confidentiality is being claimed in respect of the 
“interim reply” the same is ordered to be placed in a sealed envelope 
to be kept with the Registrar; but we may briefly observe that 
compliance of the order of 10.12.2013 has not been shown in the said 
“interim reply”.  
5. 
Furthermore, we have, since July last year, been consistently told 
that the government is serious in addressing the issue of missing 
persons and in this behalf legislation is also being made. Regrettably, 
despite various statements made on behalf of the Federation, even 
today there is no legislation in respect of enforced disappearances 
other than the Action (In Aid of Civil Power) Regulations, 2011.  These 
regulations however, do not address the questions which have arisen 
in relation to missing persons  and the enforcement of Fundamental 
Rights guaranteed, inter alia, by Articles 9 and 10 of the Constitution.  
6. 
We have repeatedly, at least since July last year, been 
emphasizing to the government that in view of said Articles 9 & 10 of 
the Constitution, no person can be detained/incarcerated without the 
backing of a valid law. It has also been emphasized by us from time to 
time that deviation from the Constitution and law by the government 
would also constitute violation of Article 5 of the Constitution, quite 
apart from undermining the authority of the government. In our 
 
5
judgment in the case of Sindh High Court Bar Association Vs. Federation 
of Pakistan  (PLD 2009 SC 879), it was noted that it would “be for the 
representatives of the people … to determine if the absence of the rule of law within 
the upper echelons and formal structures of the State has, in a significant way, 
generated the lawlessness which permeates our society today…“ 
7. 
Let this matter be listed for hearing on 20.01.2014. All the 
relevant quarters mentioned above may file comments/replies by 
17.01.2014. On the next date of hearing, further orders shall be passed 
to ensure compliance of our order dated 10.12.2013. 
CMA No.8033/2013. 
8. 
The learned Additional Attorney General has drawn our 
attention to para 8 of our order dated 10.12.2013 and has pointed out 
that at two points a statement has been referred to as having been 
made by the Attorney General. He states that the statement was made 
by the Additional Attorney General and likewise the direction 
mentioned  in  para  8  was  also  made  to  the  Additional Attorney 
General,  not to the  Attorney  General. This submission prima facie is 
correct, since Mr. Tariq Mehmood Khokhar, the Additional Attorney 
General was present on 10.12.2013 and has confirmed that the order when 
dictated mentioned Additional Attorney General. The application has been  
moved  by Mr.  Tariq  Mehmood  Khokhar, Additional  Attorney  General  
himself  and the same is supported by his own affidavit. The omission 
of the word ‘Additional’ appears to be inadvertent. The same is 
therefore, directed to be corrected. He also points out that the reference   
 
 
6
to  the  order  in  para  8  should  to be to the order passed on 
24.10.2013 and not on 24.8.2013. Having seen the file it does appear 
that the date of 24.8.2013 is on account of a typographical/clerical 
error. The same is, therefore, ordered to be corrected to 24.10.2013. The 
present Application stands disposed of accordingly. 
 
Judge  
 
 
 
Judge 
 
 
ISLAMABAD 
10th January, 2014 
(Nasir Khan)  
  
 
 



 

184(3)








 


  


8032/2013 






29388-K/13
   


10-12-2013



 

   



8033






29388-K/13
   

10-12-2013


  



29388-K/13






  

  





 
 










 

     

2014
 
10

 


1
 

 10-12-2013

 



29388-K/13




    




  
  
 
   


  
 


   
7




35







  
 
 
  



  



 



"
 










 





 



 
"

 


 
 
  
"



  
   


  
"



 

   

     


8032/13





  

20-12-2013

(Notification)

 
 

    

 
  




 
 

   
  
2013
 
10



 



 

 

 
 

    




  
29388-K/2013









 10-12-2013
   

          
 




 

 
     

    





 

 

2
 





 


 


 





 

 
  





  

 






 

2.
 


    
2013
 
10

        
 





 



8






   


   






 



      
 
3
   

 







9271127
 


   
 
    

 
  
  

  

   





   








 
(Consiquential)

 

  






/
     




 


2


 
  
  






    

    


 
 

   



  


 


  
  
 
   

       
 
  

3


  

   
   
10-12-2013
  
  

3
   

 




"

 
  



 













20-12-2013
 
"




       

 10-12-2013

  
   
  

10-12-2-13

  







         

"


"





 
  





 
  
  
4
10-12-2013


  
 

  

10-12-2013
     
   
 

'2' 


8


 



 



   

  


     

 



  
  

 

19-12-2013




"
   
"  
  

10-12-2013

 


 " 

 
     



 

  






10-12-2013
  

"






 

     





5


  
    

 


 






 
 

Action (in aid of Civl Power) Regulations, 2013


 

 


10  9
  







 
2011
4
  

 

10  9
 

  



 
6


 



 

  
 
  


  


5

 
      





2009




   
 


 




 







"
 
 

879
 

     


  


  

    





 


 




  



"






 
20-01-2014
 

7


10-12-2013

        

  

17-01-2014



  




8 

10-12-2013

 
  
   

8





 

 

 
 

   

 
   
 
 
 
8

   

 
 
 

10-12-2013
  



    




  

 



  


 
 
   



 





8

   
 
 
   
"

 "
  
    




24-10-2013

24-08-2013


 
 
   


24-08-2013
  
 
 

 




24-10-2013
5




2014
 
10
6