Supreme Court issues TORs for two border commissions
By Nasir Iqbal
2015-08-25
ISLAMABAD: The Supreme Court on Monday issued terms of reference (ToRs) for the two commissions it appointed on August 21 to check illegal border crossing fromAfghanistanin Chamanand Torkham.
Authored by Chief Justice Jawwad S.
Khawaja and issued on Monday, the sixpoint ToRs asked the two commissions to ascertain any presence of FIA personnel at the international border to monitor or check the emigration and immigration.
Both the commissions will also look into the particulars of those entering or leaving Pakistan being maintained manually, biometrically, photographically or by any other means, and if so submit copies inrespect of June 2015. The ToRs also required the commission to submit the photographs of the immigration posts.
On Friday, a three-judge bench headed by the chief justice formed the two commissions. The Torkham Border Commission in Khyber Pakhtunkhwa (KP) consisted of Additional Attorney General Mohammad Waqar Rana, Additional Advocate General KP Umer Farooq Adam, Director FIA Jaffar Shah and Chief (International Customs) FBR Dr Mohammad Zubair Yousfani.
The Chaman Border Commission for Balochistan will also consist of the same members except for Assistant Advocate General Balochistan Shai Haq in place of the AAG KP.
The ToRs also asked the commission to ascertain the presence of the customs personnel at the international border to check luggage/goods and the duties/taxes realised and whether prohibited items were confiscated and if so the place of their storage. The commissions will also come up with the photographs of the customs post/ office.Similarly, the commissions will submit reports about the distance between the international border and the FIA and customs offices supported with maps and photographs.
The commissions will also look into the facilities being provided to the travelers and submit reports about the department/ agency/authority controlling the entry into and exit from Pakistan.
Likewise, the commissions will also see whether any cameras or biometric system had been installed to monitor/record people and goo ds entering and leaving Pakis t an and if these were in a good working condition or not.
The court has asked all the federal and provincial authorities to extend full cooperation to the commissions, including provision of transportation, security and stay in rest houses. The commissions will submit theirreports by or before Sept1.
In its order, the chief justice regretted that there had been an alarming lack of diligence on part of the government in relation to the immigration and emigration, human trafficking and smuggling.Every day, the court deplored, it came across reports about people desperate to leave Pakistan by any means. Some of them attempted to leave Pakistan via the sea and other borders across the land with Iran and Afghanistan. In these desperate attempts, they actually play with their lives.
The order also cited a photograph carried by a section of the press on Aug 20 showing abandoned Pakistanis on a flimsy raft off the coast of Greece.
There may be thousands of such cases in respect of Pakistani citizens risking their lives. Similarly, there is a flood of illegal immigrants into the country, it said, quoting another newspaper report stating about acommunityofSomalislivinginIslamabad.
The court also cited a January 2012 statement of the interior minister to the National Assembly in which it was stated that about five million illegal immigrants were living in Pakistan.
`These cases appear to be typical, however, the disconcerting aspect of such cases is that nothing appears to have been done to enforce the law and prosecute the human traffickers,` the court regretted.