 IN THE SUPREME COURT OF PAKISTAN 
(Original Jurisdiction) 
 
 
 
Present: 
Mr. Justice Iftikhar Muhammad Chaudhry, HCJ. 
Mr. Justice Jawwad S. Khawaja 
Mr. Justice Khilji Arif Hussain 
 
 
 
 
CMA No.2371 of 2012  
in Constitution Petition No.24 of 2012 
(Action taken on a news item dated 4.6.2012 
published in daily “the News” regarding murders of 
five women in Kohistan Division) 
 
 
On Court Notice:  
Mr. Irfan Qadir, AGP 
 
 
 
 
Mr. Asad-ullah Chamkani, A.G. KPK 
 
 
 
 
Syed Arshad Hussain Shah, Addl. A.G, KPK 
 
 
 
 
Mr. Navid Akhtar, Addl. A.G. KPK 
 
 
 
 
Mr. Ghulam Dastgir, Chief Secy. KPK 
 
 
 
 
Mr. Muhammad Azam Khan, Secy. Home 
 
 
 
 
Mr. Khalid Khan Umerzai, Commissioner 
 
 
 
 
Dr. Naeem Khan, DIG Hazara 
 
 
 
 
Mr. Majeed Afridi, DPO 
 
 
 
 
Mr. Aqal Badsha, DCO 
 
 
 
 
With Afzal, brother of Bin Yasir 
 
 
Voluntarily appeared: Ms. Kashmala Tariq, MNA 
Dr. Farzana Bari, Ms. Riffat Inam Butt Adv.  
Dr. Fauzia Saeed and Ms. Shabina Ayaz. 
 
 
Date of hearing:  
07.6.2012 
 
 
O R D E R 
 
          
 
In pursuance of earlier order, the Federal Government of 
Pakistan 
and 
Provincial 
Government 
of 
KPK 
made 
adequate 
arrangements for visit of a delegation comprising Dr. Farzana Bari, Ms. 
Riffat Inam Butt, Dr. Fauzia Saeed and Ms. Shabina Ayaz. Although it 
is the hilly terrain and it was difficult to travel but courtesy the Federal 
Government, which arranged three helicopters for their travelling. 
CMA 2371/12 
 Kohistan incident 
2 
2. 
  
We may note that news has spread by some sections of 
Media that five women/girls have been killed as a punishment because 
they were clapping while two boys were dancing. Naturally these news 
cast sensitization, not only within but also outside Pakistan. All efforts 
were being made by this Court as well as by both the Governments to 
find out the truth because KPK Government had denied the happening 
of incident whereas the boys, one of them, namely, Afzal, present in 
Court and two others, namely, Bin Yasir and Gul Nazar, now in police 
custody, were supporting their version about the killing of these ladies.  
3. 
  
In that situation when such news was communicated, a 
large number of people started feeling disturbed as everyone by the 
time realized about the human rights. Therefore, the respected ladies 
including Ms Kashmala Tariq, MNA shown their keen interest and when 
the matter was initiated in exercise of jurisdiction under Article 184(3) 
of the Constitution as the matter involved violation of fundamental 
rights and apparently it was a matter of public importance, they 
offered their services to visit the area to meet with those girls.  
4. 
  
It is to be noted that despite of rought weather in the area 
the object has been accomplished after exercise of 48 hours and it has 
been reported by the delegation that they had to undergo lot of 
difficulties because at some places there were climbing mountains and 
they had no other means to reach those girls, however, they 
succeeded in meeting with Amna and Shaheena out of five girls. They 
have expressed that the news of their killing has been found false. As 
far as remaining three girls namely Begum Jan, Bazigha and Sareen 
Jan are concerned, they are stated to be present in the same district 
and it has been pointed out by the delegation that there was no such 
report of their killing and the video, which has been supplied to the 
Media has not been prepared recently but it pertains to another 
function, which was some family gathering taken place about a year 
before.  
5. 
  
Learned Attorney General for Pakistan and learned 
Advocate General, KPK, under instructions from their respective 
Governments have stated that if some time is given, arrangements 
possibly would be made for visiting to remaining three girls in the 
CMA 2371/12 
 Kohistan incident 
3 
same district. On this Ms. Kashmala Tariq has stated that as 
proceedings have commenced, therefore, it would be appropriate if 
arrangements are made for a delegation to visit Kohistan to meet with 
the girls, whose names are noted above, because she is of the opinion 
that the impression of killing the ladies in the manner as it has been 
quoted in the media, should be dispelled once for all.  
6. 
  
Thus, we adjourn this case for 20th June, 2012. In the 
meanwhile learned Attorney General and Advocate General shall 
communicate with Federal as well as Provincial Governments and Ms. 
Kashmala Tariq, MNA for making adequate arrangements for the visit 
of the delegation to Kohistan. We would appreciate if the delegation is 
accompanied by some Judicial Officer. The Registrar may communicate 
with the Registrar of the Peshawar High Court to spare Ms. Munira 
Abbas, Additional Sessions Judge, who had been attending the course 
in the Federal Judicial Academy, to accompany the delegation so their 
presence may also be authenticated judicially.  
7. 
  
We place our thanks/appreciation to Ms. Kashmala Tariq 
MNA, Dr. Farzana Bari, Ms. Riffat Inam Butt, Dr. Fauzia Saeed and Ms. 
Shabina Ayaz as well as to the Learned Attorney General, Advocate 
General, Administration of the Federal and Provincial Governments for 
making it convenient to implement the order of this Court as a result 
whereof the impression which was being carried out about killing of 
five girls for a petty matter has mostly been dispelled. 
 
  
 
 
 
 
 
 
 
 
Chief Justice 
 
Judge 
 
Judge 
Islamabad 
7th June, 2012 
Nisar/* 
 
 
