IN THE SUPREME COURT OF PAKISTAN 
(Original Jurisdiction) 
 
 
 
 
 
 
 
PRESENT 
 
 
 
 
 
 
 
Mr. Justice Iftikhar Muhammad Chaudhry, CJ   
 
 
 
Mr. Justice Jawwad S. Khawaja  
Mr. Justice Khilji Arif Hussain  
 
 
CMA No. 19002/2012  
 
 
in  
CONSTITUTION  PETITION No. 77 OF 2010. 
 
President  Balochistan High Court Bar Association 
… 
PETITIONER  
 
VERSUS  
Federation of Pakistan, etc. 
 
 
 
 
…  
RESPONDENTS  
 
For the petitioner(s) 
Malik Zahoor Shahwani, Advocate/President 
Balochistan High Court Bar.  
Mr. Sajid Tareen, Advocate/Vice President 
Sardar Akhtar Jan Mengal  
 
For the applicants:  
Mr. Nasarullah Baloch (CMA 178-Q/2012) 
Mr. Mahmood A. Sheikh, AOR 
Ms. Tehniat Zahra, Adv./Member PIHRO (CMA 
3966/2012)  
 
For SCBAP:  
 
 
 
For Fed. of Pakistan: 
Mr. Irfan Qadir, Attorney General for Pakistan 
 
For M/o Defence:  
Commander Hussain Shahbaz, Dir(L)  
 
For M/o Interior:  
Mr. Munir Piracha, ASC 
 
 
 
 
Mr. Masoodur Rehman Tanoli, Dir. NCMC 
 
For Govt. of Balochistan: Mr. Amanulah Kanrani, A.G.  
 
 
 
 
Mr. Azam Khatak, A.A.G. 
 
 
 
 
Mr. Babar Yaqoob Fateh Muhammad,  
Chief Secy. 
 
For IG FC:  
 
Raja Muhammad Irshad, Sr. ASC  
 
For FBR:  
 
 
Rana M. Shamim, ASC  
 
 
 
 
 
Date of hearing  : 
27.09.2012  
Cont Pet 77-2010 
2 
 
 
 
 
 
 
        O R D E R  
 
 
 
IFTIKHAR MUHAMMAD CHAUDHRY, CJ.  Sardar Akhtar 
Jan Mengal, former Chief Minister and Head of Balochistan National 
party, in pursuance of direction of this Court dated 20.09.2012 
appeared to assist the Court to resolve the issue of missing persons 
and target killings of the citizens in the Province of Balochistan. He 
briefed the Court by making oral submissions and also placed on 
record extract from the book titled Zulfiqar Ali Bhutto – Afwah aur 
Haqiqat composed by Altaf Ahmad Qureshi. He has suggested different 
ways and means to resolve the issues, which are being faced by the 
residents of the Province. He has also placed on record a statement in 
writing under his signature, one of the Paras along with suggestions 
thereof reads as under: -  
 
“Before 
initiating 
a 
meaningful 
process 
of 
conflict 
resolution it is imperative that the Government of Pakistan 
should take and practically implement some measures 
which are must to build a conducive atmosphere for Baloch 
reconciliation process: -   
(1) 
All covert and overt military operations against the 
Baloch should immediately be suspended.  
(2) 
All missing persons should be procured before a 
court of law.  
(3) 
All 
proxy 
death 
squads 
operating 
under 
the 
supervision of Inter Services Intelligence (ISI) and 
Military Intelligence (MI) should be disbanded.  
(4) 
Baloch political parties should be allowed to function 
and resume their political activities without any 
interference from intelligence agencies.  
Cont Pet 77-2010 
3 
(5) 
Persons responsible for inhuman torture, killing and 
dumping of dead bodies of the Baloch political 
leaders and activists should be brought to justice.  
(6) 
Measures should be taken for the rehabilitation of 
thousands of displaced Baloch living in appalling 
condition.   
 
After taking the above mentioned confidence building 
measures, 
a 
meaningful 
negotiation 
between 
the 
recognized and genuine representatives of the Baloch and 
military establishment could take place to decide the future 
relationship of Balochistan.”  
 
2.  
 
On 19.09.2012, we had asked the Chief Secretary, 
Government of Balochistan to bring the issues highlighted therein into 
notice of the Prime Minister (Chief Executive), Governor, Chief Minister 
of Balochistan as well as the heads of the agencies. Although he had 
meetings with the said functionaries, but it seems that so far no 
fruitful results have come out. Be that as it may, as the matter is 
pending, and is now likely to be concluded, therefore, we direct him 
that he should bring the above suggestions of Sardar Akhtar Jan 
Mengal into the notice of the concerned authorities, including, Prime 
Minister, Heads of ISI, MI, IB, etc. As the Chief Secretary along with 
Inspector General of Police has traveled all the way from Quetta and 
realizing the importance of the issues and the hearing of the case 
before this Court, he may discuss the issue as already directed by this 
Court vide order referred to above, and the suggestions which Sardar 
Akhtar Jan Mengal has made today in Court keeping in view the 
previous general situation in the Province of Balochistan, and give us 
the reaction in black and white of all those functionaries on 
28.09.2012.  
Cont Pet 77-2010 
4 
3.  
 
We place on record our thanks and appreciation for Sardar 
Akhtar Jan Mengal who has come forward to provide assistance to this 
Court for the purpose of resolving the issues raised in the petition 
moved by the High Court Bar Association.  
 
 
 
CHIEF JUSTICE 
 
JUDGE 
 
JUDGE  
Islamabad, 27th September, 2012  
 
  
 
   
  
