ISLAMABAD, July 9: The Supreme Court on Monday questioned the validity of action against militants holed up in the Lal Masjid-Jamia Hafsa complex and ordered Attorney General Makhdoom Ali Khan to seek instructions from the government, suggesting measures for an amicable solution to the standoff.
A Supreme Court bench comprising Justice Mohammad Nawaz Abbasi and Justice Faqir Mohammad Khokhar took up the issue so that release of women and children could be ensured without use of force.
The suo motu notice was taken by Acting Chief Justice Rana Bhagwandas on a letter by Justice Mohammad Nawaz Abbasi expressing concern over the detention of children and female students in Lal Masjid and Jamia Hafsa.
“The killing of innocent citizens squarely falls within the ambit of qatl-i-amd (intentional killing), therefore those responsible for the sad incident should face legal consequences,” the letter stated.
The court directed the government to facilitate early settlement of the issue through negotiations between a seven-member ulema delegation and Maulana Abdul Rasheed Ghazi to end the hostage-like situation.
The seven religious scholars, Maulana Mufti Rafi Usmani, Mufti Hameed, Rai Rasheed Ahmed, Maulana Qari Mohammad Hanif Jalandhari, Maulana Mufti Mohammad Naeem and Maulana Qari Abdul Rasheed, met Prime Minister Shaukat Aziz on Monday.
The court said that presence of the district and sessions judge of Islamabad or his nominated magistrate should also be ensured during the negotiations in case the militants, including Maulana Ghazi, chose to surrender before law-enforcement agencies.
The attorney-general assured the court that the militants would be dealt with in accordance with the law and their safety would be ensured if they gave up and surrendered before law-enforcement agencies.
Interior Secretary Kamal Shah told the court that services of expert negotiators, including the Punjab chief secretary and home secretary, had been acquired for resolving the issue.
Justice Abbasi in his letter sought directions requiring security forces and law- enforcement agencies to protect the lives of innocent children and female students. He said militants inside the mosque complex should be given a guarantee of safety of their lives if they surrendered so that lives of the common people in the area could be protected.
The judge said government or non-governmental welfare organisations should be allowed to remove bodies lying in the premises of the mosque complex and ensure provision of food and medicines to the hostages.
