ISLAMABAD: The Supreme Court (SC) Friday remarked that the government must take solid measures to trace the missing persons and should not turn the country into Guantanamo Bay prison.
The apex court rejected a plea of the interior ministry, seeking suspension of Islamabad High Court (IHC) direction for paying compensation amount to the legal heirs of a missing person on monthly basis.
A three-member SC bench, headed by acting Chief Justice Umer Ata Bandial, heard the interior ministry’s appeal against the IHC order. One Imran Khan, who was working in Saudi Arabia in an IT company, went missing after he came to Pakistan for attending his sister’s marriage ceremony. Counsel for family of the missing person, Col (retd) Inamur Raheem, told the court that the salary of the missing person was 3,000 Saudi Riyal when he went missing. He had also filed an affidavit in the court in that regard.
His aged mother approached the IHC, requesting for recovery of her son besides requesting that his son was the only source of earning livelihood; therefore, they should be compensated till the recovery of her son.
IHC Chief Justice Athar Minnallah had directed the government to pay the amount to victim Imran Khan’s family on monthly basis, equal to his last salary as compensation. The interior ministry, however, challenged the order in the Supreme Court with the prayer to suspend the IHC order.
On Friday, the court, while hearing the matter, directed the government to consider the matter as to how the family of missing person could be compensated.
Sajid Ilyas Bhatti, Additional Attorney General, submitted before the court that nothing was mentioned in the law about the compensation for the family of a missing person. He said that it was not established that Imran Khan was a missing person, adding that the agencies’ reports stated that he was not under their custody.
He submitted that the order passed by the Islamabad High Court was based on a judgment which was already suspended by a division bench to the extent of maintenance. Justice Qazi Muhammad Amin Ahmed, another member of the bench, asked if it was not a responsibility of the state to take care of the aged woman. “It was the right of a family to know whereabouts of its dear-ones,” Justice Qazi Amin remarked, adding that billions of Zakat was deposited in Baitul Mal. The judge observed that people’s money should be spend on people.
“Missing persons were also citizens of Pakistan,” Justice Qazi Amin remarked, adding that the aged mother was also the citizen of Pakistan. Justice Bandail observed that the aged mother should be compensated from the funds of Ehsaas programme, adding that families of missing persons should not be deprived of basic rights.
The court directed Additional Attorney General Sajid Ilyas Bhatti to seeks instructions from the government as to how the family of missing person could be compensated and submit compliance report. The court adjourned the hearing for date-in-office (an indefinite period).
