SC disposes of appeal in missing person’s case

'Much ado about nothing,' the court observes as missing man already recovered

KARACHI:

The Supreme Court (SC) on Tuesday disposed of the prosecutor general’s appeal seeking a case against the accused in a missing persons case.

Justice Qazi Faez Isa heard the prosecution's appeal at the top court’s Karachi Registry and disposed of the appeal against Counter-Terrorism Department In-charge Raja Umar Khattab after it emerged that the case had become infructuous in light of the missing person’s recovery.

Muhammad Nadeem Patel, who was the missing person in the case, appeared before the bench and informed the court that he had indeed been abducted but he returned in September 2020.

Justice Isa explained that the court had rebuked the prosecutor because it was kept in the dark about the citizen’s recovery, for which the court’s proceedings had been taking place. “Much ado about nothing,” the justice remarked.

During the last hearing of the case, Muhammad Iqbal Patel – Nadeem Patel’s brother – had disclosed to the court that his brother had already been “recovered”, prompting the court to issue orders to produce the recovered citizen before the court on the next hearing of the case.

“We had taken strong notice [to bring back the missing person] only to discover that the missing citizen has already returned,” Justice Isa said during Tuesday’s hearing.

“We take strict notice of missing [persons] cases,” he stated, noting that the apex court was entrusted with a responsibility to protect the fundamental rights of the people.

He observed that if there is a case against anyone, it should be presented before the court.

Meanwhile, the prosecutor general informed the court that a case has been registered against Raja Umar Khattab in Ferozabad police station on a court’s order, adding the order of the Sindh High Court to register the case has also been implemented.

The court concluded the hearing and dismissed the prosecution's application as ineffective.