July 11, 2007	Wednesday	Jamadi-us-Sani 25, 1428

ISLAMABAD, July 10: The Supreme Court on Tuesday declined to stay the Lal Masjid operation, saying that the court’s powers were curtailed when the armed forces were called in under Article 245 of the Constitution.

“We are not intervening in the ongoing operation but are very concerned about safe rescue of those who have been made hostage inside the Lal Masjid-Jamia Hafsa complex,” observed Justice Mohammad Nawaz Abbasi.

Justice Abbasi was presiding over a Supreme Court bench discussing a suo motu notice to seek guarantees from the government for the safe release of women and children held hostage by militants holed up in the complex.

The suo motu notice had been 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 the Lal Masjid-Jamia Hafsa complex and on an application by MMA parliamentarians Shah Abdul Aziz, Dr Attaur Rehman, Ayesha Munawar, Abdul Maalik, Samia Raheel Qazi and Dr Firdous Kousar expressing concern over the threat to lives of about 1,800 children and women.

Advocate Dr Tariq Asad had pleaded before the bench to halt the operation, saying that had it been stayed on Monday, lives of many innocent people and security personnel would have been saved.

However, Justice Faqir Mohammad Khokhar, another member of the bench, observed that once the armed forces were acting under Article 245 of the Constitution, powers of courts were restricted.

“Even a high court cannot entertain any challenge against a military operation under Article 199 of the Constitution,” he said.

The bench ordered Secretary for Interior Kamal Shah to submit details of causalities and injuries in the operation and immediate provisions of medical aid to the injured. The court also directed for early restoration of utility services like electricity, gas and water in Sector G-6.

The court directed hospitals where the injured and bodies had been taken to establish facilitation desks and counters for relatives and display a list of names of the victims.

It also ordered to allow people to meet their injured relatives and ensure safe handing over of women and children to their parents.