Missing persons: Commission to submit report within 45 days

SC raises the need for legislation to curb agencies from kidnapping suspects.

ISLAMABAD:

Legislation is required to restrict security agencies from causing forced disappearances, Justice Javed Iqbal observed during the course of hearing of the missing persons’ case on Tuesday, emphasising that neither the individual nor any institution is authorised to illegally detain a person.

A three-member bench of the Supreme Court headed by Justice Javed Iqbal directed all four provincial chiefs of police to submit reports on the recovery of missing persons. The bench also directed that FIRs be registered against missing persons in custody involved in criminal activities otherwise the court will exercise its powers and register cases against officials for not complying with its orders.

Additional Attorney General KK Agha assured the bench that intelligence agencies have been directed to stop the abduction of citizens. The two-member commission constituted for missing persons is  formulating both short term and long term strategies for their recovery.

The commission will submit its report before the court within 45 days of the conclusion of the joint investigation of the commission and investigation and intelligence agencies. The provincial task force is due to finalise its report within 15 days.

In reply to a question by Justice Javed Iqbal on whether any organisation can detain a person for more than 60 days, Agha replied that the Army Act authorises 6o days’ detention.

Why is the government silent over the dead bodies surfacing in Balochistan, Swat, Fata and other areas, Justice Javed Iqbal demanded. Advocate General Balochistan submitted that six people were recovered three days ago.

Parliament is independent and its dignity should be ensured. “Instead of politicising the issue of missing persons, efforts should be made for their recovery,” remarked Justice Javed Iqbal. The Supreme Court does not have the jurisdiction to direct parliament, the legislature is well aware of the issue.

Chairperson Defence of Human Rights submitted its latest report documenting 38 missing persons. The apex court observed that it will conduct the hearing of the Lal Masjid case from next week as it is a separate issue. The court adjourned the case for two weeks and reiterated that it would like to conclude the case as soon as possible.

Published in The Express Tribune, March 30^th, 2011.