IN THE SUPREME COURT OF PAKISTAN 
 
 
(Original Jurisdiction) 
 
 
 
Present: 
 
 
Mr. Justice Iftikhar Muhammad Chaudhry, CJ.  
 
 
Mr. Justice Jawwad S. Khawaja 
Mr. Justice Sh. Azmat Saeed 
 
 
CONSTITUTION  PETITION NO.77 OF 2010 
(President Balochistan High Court Bar Association 
vs. 
Federation of Pakistan, etc. 
 
AND 
 
H.R.C. NO.13124-P/2011 
(Application by Altaf Hassan Qureshi) 
 
AND 
 
H.R.C. No. 40403-P/2011 
(Application by Syed Majeed Zaidi) 
 
AND 
 
H.R.C. No. 40220-G/2011 
(News clipping) 
 
AND 
 
H. R. C. No. 43103-B/2011 
(Application by Haji Abdul Qayyum) 
 
AND 
 
H. R. C. No. 17712-B/2012 
(Application by Misbah Batool for recovery  
of her husband, Asif, FC Personnel) 
 
AND 
 
H.R.C. 27045-K & 27619-G/12 
(Abduction of Dr. Ghulam Rasool) 
Const.P.77/2010 
2 
 
AND 
 
 
H. R. C. No. 30044-B/2012 
(Anonymous application against Police Officers) 
 
AND 
H. R. C. No. 30047-G/2012 
(Application of Ms Zuhra Yousif, Chairperson HRCP) 
 
AND 
 
H. R. C. No. 30711-B/2012 
(Application for recovery of Habibullah Mujahid) 
 
AND 
 
H. R. C. No. 30713-B/2012 
(Application of Syed Mumtaz Ahmed Shah, 
Chief Editor, Daily Mashriq) 
 
AND 
 
C.M.A. No. 42-43 OF 2012. 
(Enquiry report of Kharootabad Incident) 
 
AND 
 
C.M.A. NO.178-Q OF 2012 
(Appeal for missing persons cases of Balochistan) 
 
AND 
 
C.M.A. NO. 219-Q OF 2012. 
(Application by Maj. (R) Nadir Ali) 
 
AND 
 
C.M.A. NO. 431-Q OF 2012. 
(Target Killing of Mr. Zulfiqar Naqvi, ASJ) 
 
AND 
 
 
Const.P.77/2010 
3 
CMA 516-Q/2012 
(Application by Mr. Nasrullah Baloch) 
 
------- 
 
For the petitioner(s) 
Malik Zahoor Shahwani, ASC/ 
 
 
 
 
President Balochistan High Court Bar.  
Mr. Ayaz Sawati, Sr. ASC 
 
 
For SCBAP: 
 
Nemo 
 
For the Applicants/: 
Nemo 
Complainants: 
 
  
For Fed. of Pakistan: 
Mr. Sajid Ilyas Bhatti, DAG 
 
 
 
 
 
For M/o Interior:  
Nemo 
 
For M/o Defence:  
Nemo 
 
For Govt. of Balochistan:  
Mr. Shakeel Ahmed Baloch,  
AG Balochistan 
 
 
 
 
Mr. Shahid Hamid, Sr. ASC 
Mr. Babar Yaqool Fateh Muhammad, Chief 
Secretary, Balochistan 
Mr. Mushtaq Ahmed Sukhera, IGP 
Mr. Akbar Durrani, Home Secretary 
Mr. Saqib Javed, Additional Secretary,  
Mr. Rehmatullah Niazi, DIG (CID) 
Mr. Bashir Ahmed Buzdar, DSP  
 
 
 
 
 
For IG FC:  
 
Nemo 
 
For FBR:  
 
Nemo 
For Mobile Operators: Nemo. 
 
For PTA 
 
: 
Nemo 
 
On Court notice:  
 
 
For Government of 
Punjab. 
 
 
Mr. Mustafa Ramday, AG 
 
 
 
 
Mr. Hanif Khatana, Add. A. G 
Const.P.77/2010 
4 
 
For Government of  
KPK:  
 
 
Syed Arshad Hussain, Addl. A. G 
 
For Government of  
Sindh: 
 
 
Nemo 
 
Dates of hearing  : 
17.7.2013 
 
 
 
 
 
O R D E R  
 
 
 
 Mr. Shahid Hamid, learned Sr. ASC has placed on 
record details-progress so far made for effecting the recovery of 
missing persons i.e.  
1) 
Month wise break up of target and  sectarian 
killings, 2013; 
 
2) 
Year wise breakup of target and sectarian 
killings since 2007; 
 
3) 
Summary of kidnapping for ransom in 
Balochistan from 1-12013 to 30.6.2013 
 
4) 
Overall achievements made from time to time 
to improve the law and order situation and to 
address the other relevant issues in the province 
Balochistan  
 
5) 
Actions taken to enhance the Capacity of 
Balochistan Police to Fight Terrorism.  
 
 
2. 
 
We heard the case at a considerable length and have 
drawn his attention towards the earlier order passed by this Court 
reported as President Balochistan High Court Bar Association v.  
Federation of Pakistan (2012 SCMR 1958). The learned counsel for 
the Petitioner, President, High Court of Balochistan Bar 
Const.P.77/2010 
5 
Association, expressed  his dissatisfaction with the lack of  
improvement in the law and order situation particularly, the 
increasing trend of target killings for allegedly sectarian reasons. He 
stated that within a few days a number of persons belonging to the 
Hazara Community have been killed including in the recent 
incident, which took place on 15.7.2013 and prior thereto the 
incidents which took place in Hazara Town as well as attack upon 
the buses of Women University at Brury Road, Quetta and also the 
carnage at the Bolan Medical Complex, Quetta. Besides, the above, 
some other incidents took place thereafter. It was also one of his 
grievance that no effective efforts so far have been made for the 
recovery of the missing persons, although with the intervention of 
the Court, the evidence had been furnished. So much so Mr. Munir 
Ahmed, Advocate, who was picked up from the area of Khuzdar 
has not been returned nor any serious efforts are being made by any 
of the Agencies for effecting of his recovery.  
3. 
 
We may agree with the learned counsel and the learned 
Advocate General that some steps have been taken as a way 
forwarded to provide protection and security to the citizens of 
Balochistan, particularly in Quetta, Khuzdar, Panjgur etc but so far 
the target killings may be for the sectarian reasons or otherwise, 
have created uncertainty and the people are not feeling themselves 
secure.  
Const.P.77/2010 
6 
4. 
 
We may observe hat it is the State, which is responsible 
to protect the lives and properties of its citizens. The incidents of 
target killings on the sectarian basis etc are not controlled, it would 
be very difficult to provide a free atmosphere to the residents to run 
the affairs of the lives liberally and independently, therefore, in this 
behalf, the Provincial Government as well as the Federal 
Government both are required immediately to take effective steps to 
ensure protection to the lives and properties of the citizens.  
5. 
 
The learned DAG is present. He is directed to take up 
this matter with the Federation and submit a report by tomorrow 
pointing out as to how the Federal Government will provide 
assistance to the Provincial Government for the purpose of 
maintaining the law and order as well as ensuring that the lives and 
the properties of all the citizens notwithstanding whether he belongs 
to which Ethnic Group or Sect is protected and sectarian killings, 
which are increasing day by day, are stopped and similarly the 
people of Quetta and throughout in the Province of the Balochistan 
feel secure about their lives and property. 
6. 
 
We are, prima facie, of the opinion that for want of a 
network at grass root level available to be Provincial Government, it 
is difficult to establish contact with the citizens living in the far 
flung areas, it was need of the hour as well as constitutional 
commitment in terms of Article 32 and 140-A of the Constitution of 
Const.P.77/2010 
7 
the Islamic Republic of Pakistan to hold the elections for the Local 
Government. 
7. 
 
We have been led to understand by the Chief Secretary 
that on completion of preliminary issues i.e. delimitation etc, the 
Provincial Government is contemplating to hold the Local Bodies 
Elections but unfortunately so far nothing has been done. No doubt 
newly elected Government has taken over but nothing has been 
done not only in the Province of Balochistan but also in the other 
Provinces as well to fulfill the command and the commitment of the 
Constitution. It is necessary to fulfill the elections of Local 
Government in order to ensure the participation of the general 
public in the good governance and also to fulfill the command of 
the Constitution noted hereinabove, therefore we had issued notices 
to all the Advocate Generals of Provinces and in response thereto 
Mr. Shakil Baloch, learned Advocate General, Balochistan stated 
that the Government is ready to hold the Elections of Local 
Government but he is not in a position to give a date because a 
request has to be made to the Election Commission of Pakistan 
(ECP) under Article 140-A(2) of the Constitution of the Islamic 
Republic of Pakistan, 1973 
8. 
 
Mr. Mustafa Ramday, learned Advocate General, 
Punjab states that he needs a day’s time to make a statement. 
However, on behalf of  Government of Khyber Pakhunkhawa, Syed 
Const.P.77/2010 
8 
Arshad Hussain, learned Additional Advocate General has filed as 
statement duly signed by the Chief Secretary stating that the 
Government is ready and willing to hold the Elections of the Local 
Government no sooner the date is given by the ECP.  
9. 
 
The learned DAG has placed on record a statement on 
behalf of ICT and stated that ICT Administration is in favour of 
holding Elections of the Local Government in the Rural Areas 
under the Capital Territory Local Government Ordinance, 1979 as 
has announced by the Government but we have pointed out to him 
that the Elections have to be held both in Rural as well as Urban 
areas and there should not be any distinction between both the areas 
for holding elections.  
10. 
 
No one has appeared on behalf of Advocate General, 
Sindh. Issue notice to him during the course of day enabling him to 
appear and make the statement.  
11. 
 
Let the case be adjourned for tomorrow for filing of the 
statement by the DAG on behalf of the Federal Government to 
ensure the maintenance of law and order situation and providing 
assistance to the Provincial Government. Dates shall also be given 
by all the Provinces after consulting the concerned functionaries for 
holding the Elections of Local Government.  
12. 
 
Notice to the Election Commission of Pakistan be also 
issued to make representation and submit that for fulfillment of the 
Const.P.77/2010 
9 
Constitutional duties when the Commission will be in a position to 
hold the Elections of the Local Government. It may not be out of 
the context to note that for the Cantonment Boards, a date has 
already been fixed for holding Elections i.e. 15th September, 2013, 
therefore, it would be appreciated if all the Provincial Governments 
as well as the ICT and ECP mange to hold such elections within the 
same period or with a slight change because the Elections of Local 
Government are to be held throughout in the country.  
To come up tomorrow (18.7.2013). 
 
 
Chief Justice 
 
 
 
 
 
 
Islamabad 
Judge 
 
 
 
17.7.2013 
*M. Safdar Mahmood* 
Judge 
 
