The Supreme Court on Friday observed that there was complete breakdown in the largest province of the country, as even the convoys of Balochistan Governor, Chief Secretary and IGP were fired upon, while the lives of ordinary citizens were not safe. "The provincial government under the Constitution is bound to maintain law and order and at the same time the Federal government cannot stay back from its responsibilities particularly in prevailing situation of Balochistan", it added. A three-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry and comprising Justice Muhammad Sair Ali and Justice Ghulam Rabbani was hearing a Constitutional petition of President Balochistan High Court Bar Association (BHCBA) against the Federation and the law-enforcement agencies. The Federal government was aware of the situation in Balochistan but has not taken concrete steps, the bench observed.
President BHCBA Hadi Shakeel Ahmed has made Inspector General Police (IGP), Balochistan, IGs Frontier Corps Balochistan and Levies, heads of three top intelligence agencies, Federal government through Ministry of Interior and provincial government through Chief Secretary and Home Secretary as respondents. The court noted with grave concern that the Federal government has so far not even filed report over the worsening law and order situation in the province. Attorney General Maulvi Anwar-ul-Haq has been directed to take up the matter directly with the Prime Minister and put up his reaction on the record. The Federal and the provincial governments have been directed to protect the life and properties of citizens in Balochistan. "Notices were again issued to Federation through Secretary Ministry of Interior, IGs FC and Levies and DG Military Intelligence as they failed to submit their replies". The court ordered them to file their replies within three days.
The Chief Justice said there were 110 cases of missing persons and the target killings were going on in the province. Balochistan is a sensitive province but nobody was bothered, he said. Justice Sair Ali remarked that there seem to be no writ of government and total erosion of power in Balochistan. The law-enforcement agencies seem to be helpless. He said according to Balochistan government report the IGP and Home Secretary Balochistan themselves have written;"We can’t do anything because we are helpless". Justice Rabbani said: "The situation in Balochistan has become very serious and it could spread all over the country". The time has come to deal with the matter with iron hand, as mere issuance of statements and producing reports before the courts was not enough, he added.
Earlier, Hadi Shakeel, the petitioner in the case, informed that nobody including officials of law-enforcement agencies, Railway tracks, roads, bridges were safe in the province. He said the provincial Governor, Chief Secretary and Inspector General Police were fired upon. There was unrest among the legal fraternity as within last three days three lawyers Agha Zahid, Saleem Akhtar and Tahir were kidnapped. He said around 5,000 persons were missing. Amanullah Kunrani told that the Senators and MNAs have stopped visiting their constituencies. He said DCO Jhal Magsi was kidnapped and later murdered. He said time has come that even traffic police were not feeling safe ,therefore, they were not doing their duties. Additional Advocate General Azam Khattak informed that so many agencies besides the intelligence were operating in the province, adding, there were some elements that bent upon destroying peace of Balochistan. The hearing was adjourned till March 2, 2011.