State involved in enforced disappearances, says IHC CJ

Islamabad High Court Chief Justice Athar Minallah on Friday observed that the reality was that the State was itself involved in “enforced disappearances”.

As the court heard petitions on the recovery of missing persons, Justice Minallah inquired from the deputy attorney general as to why people were still being “picked up”.

“What steps has the federal government taken and who is responsible?” he asked.

In response, the deputy attorney general informed the court that the federal cabinet had constituted a committee on missing persons and would make recommendations on these cases.

The IHC CJ further questioned the government representative as to whether or not the government had issued affidavits to former chief executives, including former military ruler General (retd) Pervez Musharraf.

The deputy attorney general stated that the affidavits were under the purview of the attorney general for Pakistan (AGP). “He [AGP] is abroad and if given some time, will present his arguments on this matter.”

Read Musharraf, his successors face notices over ‘enforced disappearances’

The chief justice expressed his disappointment with the conduct of the State and remarked that relevant parties were not giving the issue apt significance. “Today, the federal government has proved that it is not serious about such a big issue,” he added.

The IHC 

ordered the government to investigate the cases of missing people, adding that it would be preferred if the chief executive of the country was present.

“You are proving that [forcibly] disappearing people has been the policy of the State since the days of General Musharraf. Someone is responsible for the period in which people go missing,” the judge remarked.

The court also stated that if the practice continued and the government failed to comply with the orders of the IHC, they were “largely ineffective”.

The court then directed the interior ministry to ensure implementation of the May 25 order, adding that no further adjournment would be given in the case.

“The parties should prepare their arguments,” the judge remarked.

The case was adjourned till July 3.

The high court had earlier ordered a detailed report from the Commission for Inquiry on Enforced Disappearance on its performance and standard operating procedures (SOPs) to address the issue of missing persons.

Justice Minallah had asked the commission to tell the court about how it was formed, what its terms of reference (TORs) were and how they were implemented.

Subsequently, the court had directed the federal government to issue notices to Musharraf and all his successive chief executives of the country including incumbent PM Shehbaz Sharif as to why proceedings should not be initiated against them for subversion of the Constitution in the context of the State policy on enforced disappearance.

Justice Minallah had also remarked that enforced disappearances were unacceptable in a country run under the Constitution and asked why not the chief executive of the country be held responsible for it.