Families of missing persons: SHC asks for financial assistance plan

KARACHI: The Sindh High Court on Tuesday issued notices to secretary Social Welfare Department, director Bait-ul Mal, secretary Human Development Department to appear before the court and apprise it as to how the families of missing persons could be provided financial assistance.

The direction came on a petition against enforced disappearance of Mohammad Adil since January 2017 from Nazimabad. The SHC’s division bench comprising Justice Salahuddin Panhwar and Justice Adnanul Karim Memon observed that families of missing persons were facing hardship due to non-recovery of their loved ones for the last several years.

The court observed that none was appearing on behalf of Zakat Council and Baitul Mal. The representative of chief secretary submitted that the advocate general Sindh will appear to assist the court.

The court had earlier directed the federal and provincial law officers to assist the court in the missing person case where the family heads have gone missing and families are suffering due to financial crises. The court observed that the petitioner claimed that whereabouts of her spouse were not known for over four years and she was unable to manage the education and welfare of her six children without any monetary benefits.

The court observed that legal position gives rise to the proposition as to what could be the liability of the state towards dependents of missing persons when the government fails in implementing the constitutional guarantees to citizens. The court asked the law officers to examine as to whether financial aid or assistance can be made through Zakat/Social Welfare Department or Baitul Mal to them. The court had also directed the law officers to assist the court on issues related to the services of missing persons whose salaries were stopped by their departments because of their absence, as to whether their families are entitled to receive the same or otherwise as per applicable service law.

It is pertinent to mention that the federal government also assured the SHC that the government was taking the cases of missing persons very seriously and it was hopeful that the government will pass legislation to criminalize the enforced disappearances.