Moving the petition in person under Article 184(3) of the constitution, Mando Jan, a resident of South
Wazoo, has claimed that this is the first ever petition in the SC on drone attacks, filed by a son of the soil. The petitioner made secretaries of interior, foreign affairs, defence and information ministries and United States Ambassador to Pakistain as respondents in his petition. The petitioner told Daily Times that though the SC's institution branch raised objection to the inclusion of US Ambassador to Pakistain as respondent but he removed this objection by excluding his name in the petition.
Meanwhile,
...back at the bunker, his Excellency called a hurried meeting of his closest advisors. It was to be his last. They discussed the officers's efficiency rating system...
it has been learnt that Wukala Mahaz (lawyers front) had also filed a petition against drone strikes two years ago as Dr Abdul Basit, counsel for the applicant said the SC had fixed that petition twice but could not be taken up due to time constraints. He also urged the court to hear petitions against drone strikes.
Mando Jan submitted in his petition that according to the report, based on physical verification, submitted by the political authorities of North Waziristan Agency, 896 Pak non-combatants were killed during the last five years till December 2012 adding that in these drone attacks only 47 foreigners were killed and 6 were maimed.
The petitioner complained that unfortunately, none of the civil society, NGOs, media and even superior judiciary of Pakistain had taken serious notice of brutal killings through drone strikes. He contended that killing and causing serious bodily and mental harm to inhabitants of Pakistain and failure to protect their lives and systematically causing the denial of their right of life and liberty tantamount practically in derogation of their right guaranteed to them by Article 4, 9 and 14 of the constitution.
The petitioner also stated that American drone attacks with or without the consent of respondents against the citizens was in derogation of Article 245 of the constitution, adding that the constitution does not permit foreign forces to attack the civilians and take their lives with or without the consent of civil or military power.
Referring to the Geneva Convention of 1949, he also contended that external aggression committed by USA through drone strikes was tantamount to crime of murder under the law of the land and crime of genocide and apartheid under the international law.
"The people of Pakistain had expressed happiness over the successful experiment of Air Defence Unit of the Pak Army. Brig (Retd) Masood had also said Pakistain has capability of downing drones but the government does not want to spoil relations with USA. In such circumstances, the respondent No1 is, duty bound to take the issue of drone attacks to the United Nations
...a lucrative dumping ground for the relatives of dictators and party hacks...
Security Council to immediately stop the drone attacks", he added.
Mando Jan said that the SC being obliged under the constitution and its code of conduct to protect defend and preserve the constitution might issue the notice to the respondents to file a comprehensive report about the number of drone strikes done so far and the law under which such strikes were being done.
"It is believed that merely by a simple notice, the drone strikes would be stopped as the US government is vigilant and respectful to the judiciary", he added. The petitioner requested the SC to direct respondents to stop the drone attacks causing deaths of innocent people of FATA.