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 
 
CMA NO.2915 OF 2013 IN CMA NO.1262 OF 2012 IN 
HRC NO.965 OF 2005 
(Amina Masood Janjua v. the State thr M/o Interior 
and others) 
 
 
 
 
AND  
CMA NO.2996 OF 2013 IN CMA NO.1262 OF 2012 IN 
HRC NO.965 OF 2005 
(Amina Masood Janjua v. the State thr M/o Interior 
and others) 
 
 
 
 
AND  
CMA NO.4246 OF 2013 IN CMA NO.2996 OF 2013 IN 
HRC NO.965 OF 2005 
(Ziaullah v. The State through M/o Interior) 
 
Amina Masood Janjua 
     … Applicant  
 
    
 
 VERSUS  
The State through M/o Interior etc  
    … Respondents 
 
For the applicant: 
Mst. Amina Masood Janjua With Naseer 
 
On Court Notice:  
Mr. Tariq Mahmood Khokhar, Addl. AGP 
Malik Faisal Rafique, Addl. A.G. Punjab  
 
Mr. Siddique Khan Baloch, ASC  
Mr. Shahidullah Khan, Addl. Secy, FATA 
Mr. Abdul Qayyum, LO 
Mr. Usman Khan, SO Home  
 
Date of hearing: 
26.7.2013 
 
ORDER 
 
  
The learned Additional Attorney General for 
Pakistan has placed on record, a list of 64 persons supplied to 
CMA No.2915-2013 etc-1.doc 
- 2 - 
him by the Secretary, FATA and stated that they are confined 
in the different Internment Centers. However,  the detail of 
the cases in which they are involved, if any, has not been 
mentioned. Similarly, he stated that about 504 persons, list of 
which has been prepared by the Secretary PATA, are 
confined in different Internment Centres.  
2. 
 
The learned Addl. Attorney General may file both 
the lists in the office within three days  alongwith the details, 
if any, about their involvement in the criminal cases and in 
the column of the remarks, it would also be mentioned as to 
why they are not proceeding against them, if there are some 
cases against them.  
3. 
 
The learned Addl. Attorney General has stated 
that, as per the direction of the Court, some of the internees 
have provided an opportunity to meet with their relatives. 
However, we direct that they may prepare SOPs and a focal 
person should be appointed preferably to be the District and 
Sessions Judges in the area where Internment Centres are 
situated and they are discharging their duties otherwise the 
Political Agent or the Deputy Commissioner would himself 
be a focal person and he (they) would be responsible to 
CMA No.2915-2013 etc-1.doc 
- 3 - 
manage the meeting of the relatives according to rules 
without causing any inconvenience to them.  
4. 
 
On the last date of hearing, we have also pointed 
out about providing the medical treatment to the detenues, as 
there was a complaint before us that for want of medical 
facility and food their health is deteriorating day by day. The 
report in this behalf may be called from both the Secretaries 
FATA and PATA before the next date of hearing so that we 
may pass an appropriate order, if need be. Although, we 
have already observed that a human being, who is kept in 
Internment Centre, is entitled for the food and medicines, as 
per his fundamental rights.  
5. 
 
On receipt of the reports from both the agencies, 
noted herein above, the matter shall be taken up further for 
the purpose of passing an appropriate order.  
Adjourned to a date in office after 10 days.  
 
 
 
 
 
 
 
 
 
    Chief Justice   
 
 
 
 
 
 
 
 
 
 
Judge 
 
 
 
 
 
 
 
 
 
 
Judge 
Islamabad, the 
26th July, 2013 
Not approved for reporting  
M. Safdar Mahmood/* 
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 
 
 
CMA NO.2916/2013 IN CMA NO.1262/2012 IN HRC NO.965/2005 
(Amina Masood Janjua Vs. The State through M/o Interior and others) 
 
 
 
 
 
 
AND 
 
CMA NO.2994/2013 IN CMA NO.1262/2012 IN HRC NO.965/2005 
(Amina Masood Janjua Vs. The State through M/o Interior and others) 
 
 
For the Applicant 
: Mrs. Amina Masood Janjua 
 
  
On Court’s Notice 
: Mr. Tariq Mehmood Khokhar, Addl. A.G. 
Malik Faisal Rafique, Addl. A.G. 
Mr. Ihsan Elahi, I.O. 
Qazi Muhammad Amin, ASC 
Mr. Ghulam Shabbir, ASI 
 
  
Date of Hearing 
: 26.07.2013. 
 
 
 
 
 
 
O R D E R  
 
 
 
 
It is informed by the learned Additional Attorney General 
for Pakistan that now he has been instructed by the Ministry of 
Defence, Government of Pakistan, to cross-examine the witness, 
namely, Ihsan Elahi in this case. It is to be noted that on the last date of 
hearing, a request was made to engage another counsel for the purpose 
of cross-examination. Before recording his statement during the hearing 
of the case, SHO-Ihsan Elahi pointed out that he has conducted an 
CMA.2916/2013, etc. 
2 
independent investigation and examined Malik Amir Farooq, owner of 
Coal Mines where both the missing persons, namely, M/s. Umer Hayat 
and Umer Bakhat were employed as labourers and the former SHO-
Badar Munir, SI-Khizer Hayat (Police Post Incharge, Basharat) and 
ASI-Wajid Ali as well as ASI Shabbir Ahmad who accompanied the 
persons to whom the officials went to the Coal Mines of Malik Amir 
Farooq and there from both the above mentioned missing persons were 
picked up and were taken away by the agencies.  
2. 
 
In such view of the matter instead of examining the 
statement of Ihsan Elahi and others before the Supreme Court of 
Pakistan, we send this case to the learned District and Sessions Judge, 
Chakwal, for recording the statements of Ihsan Elahi, Badar Munir, 
Khizar Hayat, Shabbir Ahmad and Wajid Ali as well as Malik Amir 
Farooq, owner of the Coal Mines, subject to allowing an opportunity of 
cross-examination. The Ministry of Defence, shall depute a counsel 
after seeking necessary information from the learned Additional 
Attorney General for Pakistan whereas Prosecutor shall appear on 
behalf of State to assist the Court.  
3. 
 
The learned District and Sessions Judge, after recording the 
evidence of the persons noted herein above and any other material 
brought by the complainant or other persons interested in this case shall 
record the finding as to whether M/s. Umer Hayat and Umer Bakhat 
had been picked away by the agencies/persons as it is alleged by the 
police and whether presently they are in custody of which agency.  
CMA.2916/2013, etc. 
3 
4. 
 
The requisite report shall be sent by the learned District & 
Sessions Judge, Chakwal, before the next date of hearing. 
5. 
 
Put up on 05.08.2013.  
 
 
 
 
Chief Justice 
 
 
 
 
 
 
Islamabad 
Judge 
 
 
 
26.7.2013 
Mahtab/* 
Judge 
 
 
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 
 
 
CMA NO.2997/2013 IN CMA NO.1262/2012 IN HRC NO.965/2005 
(For Recovery of Ghulam Sajjad Amjad) 
 
(Amina Masood Janjua Vs. The State through M/o Interior and others) 
 
 
For the Applicant 
: Mrs. Amina Masood Janjua 
 
  
On Court’s Notice 
: Mr. Tariq Mehmood Khokhar, Addl. AGP 
Mr. Faisal Rafique, Addl. AG Pb 
Mr. Muhammad Shoaib, DSP 
Mr. Muhammad Akram, Inspector 
 
  
Date of Hearing 
: 26.07.2013. 
 
 
 
 
 
O R D E R  
 
 
 
Mrs. Amina Masood Janjua, has placed on record an 
affidavit through CMA No.4910 of 2013 in view of our observation 
made in the Order dated 25.07.2013. A perusal of the same suggests 
that Ghulam Sajjad Amjad son of Basara, resident of Islamkot, 
Kabeerwala along with other two persons, namely, Muhammad 
Saleem, Alipur and Muhammad Saleem, Multan were present in Qasim 
Bela, Multan Cantt.  
2. 
 
Copy of the same be handed over to the learned Additional 
Attorney General for Pakistan and issue a notice to him to ensure the 
production/recovery of Ghulam Sajjad Amjad on the next date of 
CMA.2997/2013, etc. 
2 
hearing. He should also ensure to furnish the details of the other two 
persons, named herein before who were confined in the said Camp 
along with detailed reasons, if any, for which they were detained over 
there. 
2. 
 
Adjourned to 2nd August, 2013. 
 
 
 
Chief Justice 
 
 
 
 
 
 
Islamabad 
Judge 
 
 
 
26.7.2013 
Mahtab/* 
Judge 
 
 
 
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 
 
CIVIL MISC. APPLICATION NO.3956 OF 2013 
(For recovery of Muhammad Farhaj Waheed Butt) 
 
IN 
CIVIL MISC. APPLICATION NO.3762 OF 2012 
IN 
HUMAN RIGHTS CASE NO.965 OF 2005. 
 
 
Amina Masood Janjua. 
Applicant (s) 
VERSUS 
The State through M/o Interior and others. 
Respondent (s) 
 
 
For the Applicant 
: Mrs. Amina Masood Janjua 
 
  
On Court’s Notice 
: Mr. Tariq Mehmood Khokhar, 
Additional Attorney General for Pakistan 
Mr. Faisal Rafique, Additional A.G. Pb. with 
Mr. Khan Baig, IGP and  
Mr. Umar Virk, SSP (CTD) 
 
  
Date of Hearing 
: 26.07.2013. 
 
 
 
 
 
O R D E R  
 
 
 
Mr. Khan Baig, Provincial Police Officer (IGP), Punjab, 
Lahore, has submitted a report (CMA No.4911 of 2013) in response to 
our Order dated 23.07.2013. It has also been informed by Mr. Umer 
Virk, SSP (CTD) that Farhaj Waheed Butt is presently confined in 
Central Jail, Kot Lakhpat, Lahore, along with other three persons, 
namely, Usman Basra, Rana Abdul Rehman and Nemat Ullah (under 
police remand since 15th July, 2013), as they are involved in the 
CMA.3956/2013, etc. 
2 
different FIRs bearing No.687/2008 of Police Station, Faisal Town, 
Lahore, 899/2010 of Police Station Ghalib Market, Lahore and 
1036/2011 of Police Station, Gulberg, Lahore. As far as the 
involvement of Farhaj Waheed Butt along with others in criminal cases 
is concerned, it needs no comments at this stage as Mrs. Maria wife of 
Farhaj Waheed Butt has different version.  
2. 
 
According to her version noted in order dated 23.7.2013, 
initially Abdul Waheed Butt father of Farhaj Waheed Butt was picked 
up by the police in the month of September, 2011 and when Farhaj 
Waheed Butt appeared before the police, the father was released. 
Thereafter, Mr. Umar Virk, SSP, arranged the meeting of Abdul 
Waheed Butt with his son Farhaj Waheed Butt. Now when we have 
issued notice on 23.07.2013, directing the Inspector General of Police 
to appear and produce him as he was in the police custody. Now it is 
informed that he is in the Central Jail, Kot Lakhpat, Lahore, along with 
others from the date as noted herein before. Thus, the question is that as 
to whether previously he was kept in illegal detention and because of 
present proceedings, he has been surfaced.  
3. 
 
Under the circumstances, the Inspector General of Police is 
directed to conduct thorough probe into the matter personally after 
having taken into consideration all the attending circumstances and 
evidence, etc. 
4. 
 
At the same time, Mr. Nazir Ahmed Gujanah, learned 
District & Sessions Judge, Chinot, is appointed  to conduct an inquiry 
CMA.3956/2013, etc. 
3 
to ascertain questions of detention of Farhaj Waheed Butt from the 
month of September, 2011 to 15th July, 2013, if it is a true version 
alongwith Role of Police  and submit a report for our perusal. It is to be 
pointed out that the learned District and Sessions Judge may examine 
any witness, including Abdul Waheed Butt or Farhaj Waheed Butt who 
along with others is presently confined in the Central Jail, Kot Lakhpat, 
Lahore. The logistic arrangements shall be made by the Registrar of the 
learned Lahore High Court to facilitate the learned District & Sessions 
Judge in preparing the report. On receipt of the report from both the 
functionaries, the matter shall be decided further. 
5. 
 
Petitioner-Mrs. Amina Masood Janjua, pointed out that 
Mrs. Maria wife of Farhaj Waheed Butt has been threatened for 
approaching this Court. The Inspector General of Police who is present 
in Court is directed to provide proper protection to her and ensure her 
safe appearance before this Court on the next date of hearing. 
6. 
 
Adjourned to 2nd August, 2013. This Order be 
communicated to all concerned during course of the day. 
 
 
 
 
 
Chief Justice 
 
 
 
 
 
 
Islamabad 
Judge 
 
 
 
26.7.2013 
Mahtab/* 
Judge 
 
