ISLAMABAD: Chief Justice of Pakistan (CJP) Qazi Faez Isa on Wednesday asked the federal government to give in writing that there would be no more enforced disappearances in the country, saying that the state needs to change its mindset.
The Supreme Court on Wednesday sought a comprehensive report from the federal government on the production orders issued by the Commission of Inquiry on Enforced Disappearances on Missing Persons.
A three-member bench of the apex court, headed by Chief Justice Qazi Faez Isa and comprising Justice Muhammad Ali Mazhar and Justice Musarat Hilali, heard the petition of Barrister Aitzaz Ahsan and others on the unlawful practice of enforced disappearances, praying for declaring it as violative of various articles of the Constitution. “We do not want a statement from any section officer. The Government of Pakistan should give us in writing that no one will be illegally disappeared anymore,” the CJP said during a hearing of the case.
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 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.
The court directed the attorney general (AG) to submit a detailed report on the missing persons and state under which regime they were disappeared and why the orders of the commission for their recovery have not been implemented. The court also directed the AG to gather information from all relevant institutions, submit a response within two weeks and tell the court whether the orders of the Commission on Missing Persons have been implemented or not.
While instructing to submit a report about the missing husband of Amina Masood Janjua, the court noted that Masood Janjua has been missing since 30 July, 2005, his wife has the right to know about her husband after 18 years. The court held that the case of those who had recovered and returned home would not be considered, however, they were free to file lawsuits and claim damages.
During the hearing, Justice Isa expressed his displeasure over the violence of the Islamabad police on the families of missing persons of Balochistan and observed that peaceful protest should be done by every citizen as a legal right, and the State has no right to take such action on peaceful protesters unless they resort to violence.
The court also dismissed as withdrawn the appeal of the federal government against the high court’s decision after the deputy attorney general told the court that the decision had been implemented and the commission had submitted its report. While presenting the report of the head of the Commission on Missing Persons, it was said that the commission had so far dealt with more than 7,000 cases related to missing persons.
The CJP observed that the Commission on Missing Persons was an issue of the federal government. If the government wanted, the commission could be reconstituted, adding that the truth about the missing persons should come out. Justice Isa observed that the State also had to change its mindset, adding that “we have to find a solution to this problem”.
Earlier, Aitzaz’s counsel Shoaib Shaheen, while giving arguments, referred to the previous court decisions related to missing persons. He also referred to the Faizabad sit-in case and the CJP asked him as to what the connection between the Faizabad sit-in case and missing persons was. “It is surprising that you are referring to the Faizabad dharna,” the CJP told the counsel.
Shaheen said that he had always been with the decision, adding that had the organisation worked within its limits, it would not have seen these days, while referring to the high court’s decision regarding the kidnapping of senior journalist Matiullah Jan. He submitted that if the government and judiciary had not intervened at that time, Matiullah Jan would not have been released. The CJP asked the counsel not to misrepresent, adding that the video recording of the incident had been there and it was a case that could be solved within two minutes. “In saving the life of Matiullah, the government of that time had no role, the whole world saw who the kidnappers were.”
Shaheen further submitted that if Imran Riaz would be summoned by the court and given protection, he would come to give a statement.
Justice Isa observed that the matter is again being politicised today. “Will we lay the carpet for anyone? If anyone has any concerns, file an FIR, do we have an army standing by to protect anyone,” the CJP questioned.
“You should not make this court a political arena, and even before this case there was also the case of Absar Alam,” the CJP told the counsel.
Justice Isa inquired from the counsel as to what Sheikh Rashid told him, adding that if he can appear in the court in the Faizabad Dharna case, and the case related to elections, then why did he not appear in this case? Justice Musrat Hilali remarked that those who cannot speak for themselves, how can they speak for anyone.
The head of the Defence of Human Rights Amina Masood Janjua raised the issue of her husband’s disappearance. She told the court that her husband was declared dead by the Missing Persons Commission in 2013, adding that a missing person, Imran Munir, who was later released, had told her that her husband was in the custody of ISI, while we were told that the Taliban had killed my husband in Waziristan.
The CJP asked her as to what the court could do in the case. “Tell us how we can help you?”
Amina said that they had been suffering from mental agony for many years. “I just want to know the truth, you should ask the Army Chief General Asim Munir,” she told the court.
The CJP said that the name she had mentioned could be on the post of major at that time. He asked the AG to look into the matter, so that if something wrong had happened, it should also come to light.
He asked the AG to inquire from the ministries of interior and defence. He also inquired from the AG as to whether he could state that no one would be picked up without fulfilling the legal requirements as it was the responsibility of the government. The AG replied in the affirmative.
The CJP asked AG who the head of the missing persons commission was. And how old is he? The Attorney General said that Justice (retd) Javed Iqbal is the head of the Commission and is 77 years old. Justice Isa, while addressing the Registrar of Missing Persons Commission Chaudhry Naseem, asked whether they were drawing salaries only. Justice Mazhar asked him how many times the commission meets and how many recoveries were made. The Registrar replied that 46 people were recovered in the current month.
Justice Mazhar said it was written that the cases of 46 people were disposed of. The Registrar said that first a JIT would be formed which would have people from secret agencies. Justice Isa asked if anyone was satisfied with the performance of the Commission on Missing Persons. The lawyers and relatives of the missing persons stated in the court that none of them were satisfied with its performance.
The Registrar told the court that Missing Persons Commission members, who are Supreme Court judges or High Court judges, get a salary equivalent to the high court or Supreme Court judges. The CJP inquired how the people of the commission were appointed at which the AG said that the term of representatives of the commission continued to be extended over time.
The Chief Justice said that in the SRO issued for the formation of the commission, where are the privileges mentioned. He said that the country has been “fractured” by its people, saying that the state needs to change its mindset as court verdicts alone are not enough to end the practice of enforced disappearance. The top court adjourned the hearing of the case till January 9.
