Missing persons’ commission failed to discharge duties: IHC

ISLAMABAD: The Islamabad High Court (IHC) on Thursday ordered that a report on non-compliance of the production order of missing person Zahid Amin be submitted.

Chief Justice Athar Minallah remarked that prime facie the commission has failed to discharge its duties. “We have repeatedly said the enforced disappearances are a heinous crime and a sheer violation of the fundamental rights laid down in the Constitution,” he added.

The petitions regarding the recovery of Zahid Amin, who had been missing for the last eight years, and Sadiq Amin, who had also been missing, came up for a hearing before the single bench of the IHC led by Chief Justice Athar Minallah.

Advocate Imaan Mazari appeared on behalf of the petitioners in the court. The registrar mission persons’ commission informed the court that the commission has declared Zahid Amin’s case as enforced disappearance in the JIT report.

The court remarked, “When the JIT had declared it was enforced disappearance, then to whom you had issued the production orders?” The court inquired from the commission that if it issued the production order as formality. “Why are you not providing the relevant information to the petitioners? You should reach out to the petitioners on your own,” the court remarked.

The court observed that the commission was not treating the family members of the missing persons in a proper way. “You should go to their homes,” the court said, asking on what date the production orders were issued.

Advocate Imaan Mazari informed the court that the production order of Zahid Amin was issued on September 14, 2020. The court remarked, “Did you forget to issue the production order and if issued, who refused to take it. The registrar informed the court that no one had refused to take the production order."

The court inquired, “Did you write to initiate proceedings against those who did not implement the production order?” stating: “You issued the production order on September 14, 2020. Prime facie, you may have seen something and was any other issue bigger than the violations of human rights?”

The court directed the commission to explain why action was not taken on the issue and full facilities provided to the family members of victims. “The commission should submit a report as to why it did not write for launching action against those who are responsible for not implementing the production order?” the court observed.

“Why the commission, which was constituted a decade ago, was unable to give proposals to the federal government for bringing an end to the enforced disappearances. There is nothing in the record to prove that the commission had ever written for taking action after the non-compliance of production order of the missing persons,” the court remarked.

“The production order was issued two years ago and there is no reason for not writing to initiate proceedings against those responsible. The court cannot close eyes on the issue as the petitioners are rightful citizens of the country and it is the duty of the commission to reach out to the family members of missing persons,” the court observed. The court adjourned the hearing till July 4.