Says no compromise on its investigation; CS, IG directed to submit
comprehensive report; next hearing to be held in Quetta on Oct 4
ISLAMABAD: The Supreme Court (SC) on Tuesday observed that the Quetta tragedy was the worst example of bad governance and this court would never compromise on its investigation.
The apex court was informed that no progress into the investigation of the murder of Advocate Bilal Anwar Kasi and the terrorist attack on the Quetta hospital had been made so far, extending the usual pretext that unknown accused were involved in the crime.
A three-member bench of the apex court, headed by Chief Justice (CJ) Anwar Zaheer Jamali, resumed the hearing in the suo moto case of terrorist attack on a Quetta hospital on August 8, wherein 56 lawyers were martyred and about 92 advocates were wounded.
The court directed the chief secretary and inspector general of Balochistan to submit a comprehensive report on the pre and post security situation.
The court ruled that the report should include as to why the lapse in providing medical treatment to the injured persons took place, and why they they remained unattended for several hours because of which many lawyers died. The court asked as to why hurdles were created due to VVIP movement.
The court observed that the federal government was equally responsible. Therefore it directed secretary Ministry of Interior and attorney general (AG) for Pakistan to submit report about the incident.
Hamid Khan, senior lawyer, represented Balochistan Bar Council, Balochistan High Court Bar Association and Balochistan Bar Association.
He submitted that the incident showed lack of administration and negligence to manage the disaster of 8th August 2016 by all the officials concerned from top to bottom including chief secretary, home secretary, inspector general, DIGs, commissioner, deputy commissioner, RPO etc.
“Had there been any sincerity, dedication and commitment on the part of the administration, this uncalled for horrific incident could have been controlled, but unfortunately instead of attending to the serious disaster, reportedly, other officials went to attend the VVIPs to secure their jobs, and seek blessings and favours from them”, Hamid Khan contended.
He informed the court that the dead bodies and the injured instead of being transported to CMH could have been taken to the Civil Hospital where besides operation theatre (OT) of emergency, there are 15 OTs of most departments including cardiology, orthopedics, neurology, general etc. Moreover, he said other alternatives were available which included hospitals such as Railway Hospital, BMC, and some of the well-equipped private hospitals at a distance of 2 to 5 minutes from the Civil Hospital situated at Jinnah Road, Zarghoon Road, Sariab Road, Satellite Town etc.
It was informed that in the Civil Hospital Quetta there are 16 operation theaters for different departments, but lack of administrative control; such as non-availability of doctors, of the officials including MS, secretary health, secretary home, chief secretary and police officials including inspector general and DIGs, was apparent (after the bomb blast). The injured were rushed to the CMH, which is situated in the cantonment area, where the general public has to seek security clearance from the military police posted at different check posts before entering the premises.
The court was informed that the incident of 8th August 2016 was a replay of many previous incidents on record, adding that there were at least 5 to 6 incidents which had taken place in identical manner, in the past including Incident of Hazara Town Brewery Road Quetta in which more than 60 persons were subjected to suicide bombing dated 16th February 2013 and also attack on the buses carrying female students of Sardar Bahadur Khan Women University Brewery Road. Then the injured were rushed to Bolan Medical Complex. Another attack took place on 15th June 2013 that caused a number of casualties including the DC Quetta Mansoor Kakar. This incident took place during the funeral of SHO Mohid Ullah, who was murdered in target killing, in which 30 to 35 police officials including serving DIG Fayyaz Sumbal, SP Anwar Khilji and many others were killed.
The court was further informed that after 9/11, although huge funds were at the disposal of the government and law enforcement agencies. However, instead of strengthening the institutions to improve law and order in the province of Balochistan most of the amount was misappropriated, as it is evident from the prevailing situation of the law and order, particularly in the health sector, as it has been seen in the instant incident. The Civil Hospital, being the biggest health facility provided to the people of Quetta, failed to cope with the situation.
Hamid Khan said that it was the duty of the officials to pay special attention to meet the challenge, but no action has been taken for their inefficiency. The provincial or the federal government has not suspended even a single officer.
He submitted that at present in Quetta, besides the law enforcing agencies including FC police, levies, there are more than seven intelligence agencies functioning throughout the province and are deputed to take all precautionary measures but nothing has been done by anyone of them, not only with regards to the instant incident but all the incidents, including those that occurred in the past, of target killings, suicide bombings, kidnapping, day in and day out. Unfortunately this very administration committed criminal negligence and put forward lame excuses to cover up their negligence.
The court was informed that the administration is fully involved in the corruption and corrupt practices as it has recently surfaced that Finance Secretary, Mushtaq Raisani, who was functioning under the supervision of the incumbent chief secretary, had been found in possession of billions of rupees kept in the water tank and other places in his house. But this is only tip of the iceberg.
Hamid Khan submitted that instead of admitting the fault in failing to adopt precautionary measures to prevent or to minimise the gravity of destruction caused by terrorism, the administration considers grant of compensation to deceased or injured as sufficient.
He contended that the lawyers were still looking for a comprehensive report from the provincial government.
Justice Sheikh Azmat Saeed said that not only the lawyers but the court was also awaiting a detailed report in the instant matter
Balochistan IG Ahsen Mahboob appeared before the court and submitted a sealed report, terming it ‘confidential’. Justice Sheikh Azmat Saeed however observed that it was a case of killing of lawyers hence there was no need to keep it confidential. He asked him to tell as to what happened. The IGP replied that it was an incident of terrorism. “We know that it was not a fire work but tell us who had the responsibility of security”.
The IGP said that the SSP of the locality also got injured in the incident adding that although police was deployed around the hospital but security was the responsibility of the hospital.
Meanwhile, the court directed chief secretary Balochistan and IGP to submit a comprehensive report pertaining to the incident and measures so far taken by the provincial government after the terrible incident. The court also directed the provincial government to ensure adequate security to the hospital, which faced the terrorist attack.
The court ruled that next hearing in the instant matter would be resumed in the Quetta Registry on October 4, with direction to Ministry of Interior to submit a detailed report on the blast. AG for Pakistan was also directed to file his response on the issue.
Similarly notices were issued to chief secretary, advocate general and secretary health Khyber Pukhtunkhwa (KP) in the petition filed by Mardan District Bar Association through his President Ameer Hussain.
Mardan District Bar Association has filed an application praying to be impleaded as necessary party in the instant suo moto case in the interest of justice.
