PESHAWAR, April 11: The Peshawar High Court on Thursday reserved its judgment in four writ petitions against the US drone strikes in the country’s tribal areas and collateral damage caused by it.
The bench comprising Chief Justice Dost Mohammad Khan and Justice Mussarat Hilali reserved the order after the completion of arguments by lawyers for the federal government, and petitioners, including Defence of Pakistan Council (DPC), Foundation for Fundamental Rights (FFR), tribal elder Malik Noor Khan and lawyer FM Sabir.
No date was fixed for the announcement of the verdict.
The petitioners have prayed the court to order the government to make public Pakistan-US secret deal on drone strikes, if any, stop drone strikes by force, take the issue to the UN Security Council, and pay compensation to the families of the people killed in drone attacks.
During the hearing, the chief justice observed that if the US considered itself a champion of human rights and democracy, then why it had not been paying compensation to the innocent people killed in drone strikes.
He observed that when the federal government could suspend supplies to Nato troops via Pakistan after Salala checkpost attacks, why it couldn’t not take up the issue of collateral damage in drone attacks with the US and seek compensation for the families of the victims.
Deputy attorney general Mohammad Iqbal Mohmand said Pakistani government had no agreement with the US on drone strikes, which were carried out against its consent.
He said the defence ministry had already stated in its comments that there was no verbal or written agreement between Pakistan and the US governments about drone attacks and therefore, those attacks were a violation of the country’s sovereignty.Mr Mohmand said parliament had already passed a resolution against drone strikes and that there was consensus among political parties that such strikes should be stopped.
Barrister Shahzad Akbar, lawyer for FEF and Malik Noor Khan, said drone attacks were carried out in sheer disregard of international law, which guaranteed sovereignty of a state.
He said according to different researches, only two per cent of militants had been killed in drone attacks since 2004 and the rest of the dead people were innocent civilians.
The lawyer referred to the 55/2 United Nations Millennium Declaration, 2000, saying the said resolution of the UN General Assembly clearly safeguards territorial sovereignty of a country.
He said if the US was really interested in catching militants, it could approach the government of Pakistan as in the past, the government had apprehended several members of Al Qaeda and handed them over to the US.
The lawyer said General (r) Pervez Musharraf had in his book admitted that his government had handed over hundreds of suspected militants to the US.
He said the high court could order the federal government to take the issue to the UN Security Council or General Assembly. He added that as the US ambassador enjoyed immunity, he could not be summoned by the court but the court could summon the consular staff of different consulates.
Muazzam Butt, lawyer for DPC, said drone strikes were a clear violation of the Constitution and international conventions and treaties.
