SC vows to resolve missing persons issue once and for all

ISLAMABAD: Chief Justice of Pakistan (CJP) Qazi Faez Isa on Tuesday resolved to address the issue of missing persons and enforced disappearance of citizens once and for all, stressing that such issues should not be raised for political point-scoring and everybody should collectively make efforts for resolving this public interest matter sincerely.

A three-member bench of the apex court, headed by Justice Isa and comprising Justice Muhammad Ali Mazhar and Justice Musarat Hilali, heard the petition of Barrister Aitzaz Ahsan and other petitioners on unlawful practice of enforced disappearances, praying for declaring it as violative of various articles of the Constitution.

Aitzaz had prayed the court to declare that enforced disappearances are violative of articles 4, 9, 10, 14, 19 and 25 of the Constitution besides declaring that the Commission of Inquiry on Enforced Disappearances does not adequately comply with legal and international standards.

Similarly, he asked the apex court to set up an effective and purposeful commission.

He prayed the apex court that the commission should be headed by a judge of the Supreme Court while members of the commission should be the Supreme Court Bar Association president, Pakistan Bar Council vice chairman, Lahore, Sindh, Peshawar, Quetta Bar Association heads, Human Rights Commission of Pakistan chairman, National Commission on Status of Women chairperson, Inter-Services Intelligence (ISI) Director General, Intelligence Bureau (IB) additional director general and Pakistan Federal Union of Journalists president.

During the course of proceedings on Tuesday, which were broadcast live on the apex court’s website, the CJP asked Shoaib Shaheen to abstain from political point-scoring, adding that this public interest matter should be resolved collectively and everybody should take collective responsibility to address the issue.

Khushdil Khan, one of the petitioners, requested the court to order for proper legislation regarding enforced disappearances. Justice Isa, however, observed as to how the court could ask parliament to make such a legislation.

Justice Mazhar observed that a commission on enforced disappearances has already been formed.

The petitioner submitted that although the Commission of Inquiry on Enforced Disappearances was formed under the chairmanship of Justice (retd) Javed Iqbal but has not made much progress so far.

He further prayed that a notice should be issued to the government regarding its lack of action in enacting the said legislation.

The CJP observed that the court does not have the authority to order parliament to enact legislation. “Tell us under which article of the Constitution can the court take such a step,” the CJP asked, adding that all institutions of the country need to stay within their constitutional limits.

Justice Mazhar observed that the court does not have the power to legislate and can only declare enacted legislation null and void if they are contrary to the Constitution.

At the outset of hearing, when Shoaib Shaheen came to the rostrum, the CJP said that he was not Aitzaz’s counsel, to which Shaheen stated that as Latif Khosa’s son was under arrest, he had been given the power of attorney.

Justice Isa observed that he was hearing the petitions after dismissing objections as it was a matter of public interest and added that there were developments in his absence, hence the petitions were fixed for hearing as soon as he returned from abroad.

Shaheen submitted that the Commission of Inquiry on Enforced Disappearances has not worked effectively. To court query, he informed the court that the commission was established in 2011 in the Pakistan Peoples Party government’s tenure.

The CJP observed that petitioner Aitzaz himself was part of the PPP, and whether he wanted the notification for the commission’s formation be suspended. Shaheen submitted that according to the Commission, 2,200 people were still missing. He also raised the issue the disappearances of Awami Muslim League chief Sheikh Rashid, Sadaqat Abbasi and others.

At this, the Justice Isa asked Shaheen as to whether all the individuals mentioned by him have been impleaded as parties in the case, and if not, why was the counsel trying to politizise the case. “We are hearing this public interest case seriously and the court would not be used for political purposes as you mentioned the individuals from a single political party,” the CJP remarked. The CJP, while directing Shaheen not to give political statements, remarked that the court will not be used for political point-scoring.

“We would not allow you to make point-scoring but we are taking this issue seriously and to resolve this public interest matter once for all,” he told Shaheen. “Let’s make Pakistan strong,” Justice Isa added.

Shaheen then diverted the court’s attention towards a bill that was earlier presented in the Upper House of Parliament (Senate) by the former minister for human rights Dr Shireen Mazaari, adding that the said bill has gone missing. “Whether Shireen Mazari resigned in protest from her ministry after the said bill went missing in the Senate,” the CJP asked Shaheen.

“It is ironic that when people hold office, no individual takes responsibility,” the CJP remarked and asked Shaheen as to whether the petitioners had made Senate Chairman Sadiq Sanjrani as respondent in the petitions.

“On the one hand, you are making serious allegations against Senate chairman while, on the other hand, you did not make him a respondent in your petition,” the CJP told Shaheen

Shaheen, however, submitted that he did not possess the copy of the bill.

“This missing person’s case became a missing bill as well,” the CJP remarked and took out the print of copy of the said bill from the website of the Senate, and after reading it, said that it was moved by Sheikh Rashid Ahmed.

During the hearing when Shaheen raised the point of journalist Imran Riaz, the court asked as to whether Imran Riaz was still missing and inquired if he was not an influential individual. The CJP also asked Shaheen if Imran Riaz has given a statement on oath, then he should have made him a party in the petition and further asked as to whether Imran Riaz had mentioned the name of his abductors.

Shaheen replied that only the police statement was available, adding that Imran Riaz had returned home. The court also asked why the names of Matiullah Jan and Asad Toor were not mentioned.

Shaheen submitted that as Imran Riaz issue was fresh and live, hence the names of other journalists were not mentioned.

The CJP observed that both the two journalists stand by their stance and they did not say that they went to Northern Areas. The court also asked the counsel if he had prepared a list of names of missing individuals according to the dates they were reported missing.

Shaheen replied that it was for the inquiry commission to give all the details regarding the cases so far disposed of by it and how many still to recover as well. He submitted that they would like a new commission formed on international standards.

Meanwhile, the court adjourned the hearing till at 11:30 am today with the direction to the counsel to make bullet points for arguments besides directing him to take guidance from Amina Janjua, who has been raising voice for the missing persons since long.

The chief justice observed that Amina Janjua has no political affiliation and her guidance would be of immense importance in this regard. The court also hinted at taking up the latest protest by some Baloch people in Islamabad.