Missing Persons: IGPs to answer for cases not registered says SC

SC will take legal action against IGPs if cases are not registered regarding missing persons despite evidence

ISLAMABAD: The Supreme Court will take legal action against the inspector generals of police (IGPs) of relevant provinces if cases are not registered regarding missing persons despite evidence, Justice Javed Iqbal warned on Thursday.

A four-member bench headed by Justice Javed Iqbal resumed hearing of the missing persons’ cases and asked the IGPs to submit details.

Additional Attorney General KK Agha apprised the court that the commission constituted for the recovery of missing persons has traced 90 people to date. Agha submitted that another judicial commission should be constituted for the recovery of missing persons.

“Even if the government were to constitute another commission it would not serve any purpose unless the missing persons can be found,” Justice Javed Iqbal remarked.

Heirs of missing persons whom secret agencies had illegally detained should be paid compensation up to Rs1,200,000, in consonance with the report compiled by Justice (retd) Mansur Alam, submitted Advocate Hashmat Habib, counsel for missing persons’ heirs. More than a hundred people who proved to be innocent have been identified in the commission’s report.

“Money is no substitute for people, their families are waiting for their loved ones to return home,” Justice Raja Fayyaz remarked.

The additional attorney general has said that it is not mandatory for the government to implement all the recommendations given by the commission. “Legal proceedings should be initiated against officials of security agencies involved in the abduction of persons who had not been implicated in any case and who were later proven to be innocent,” Justice Iqbal said.

The police will not be an applicant in these cases. Stern action will be taken against police officials if they make an attempt to coerce the heirs, he added. The court will first hear the cases of missing persons involved in terrorist activities.

Justice Javed Iqbal directed Agha to instruct the officials of spy agencies to conduct the trials of missing persons against whom cases are registered in open courts.

On the next date of hearing, the entire day will be dedicated to applications regarding missing persons, Justice Iqbal observed.  The apex court adjourned the case till February 10.

Published in The Express Tribune, February 4^th, 2011.