Missing persons' families deserve 'empathy'

IHC says illegal detention of people violation of basic right enshrined in Constitution

ISLAMABAD:

The capital's high court has urged the state to realize that habeas corpus petitions for recovery of missing persons are a cry for help by the families of such people with whose pain, loss and mental state the state must empathize.

"Article 4(1) of the Constitution provides that to enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen, wherever he may be, and every other person for the time being within Pakistan.

"Article 4(2)(a) provides [on the other hand] that no action detrimental to the life liberty, body, reputation or property of any person shall be taken except in accordance with law," said a written order issued by IHC Justice Miangul Hassan Aurangzeb.

Justice Aurangzeb was hearing a petition filed by Azhar Mashwani, a social media activist and the focal person of PTI founder Imran Khan against the alleged abduction of two of his brothers on July 6, 2024.

According to the order that pertained to the August 15 proceedings of the case, all the respondents including the Ministry of Defence, the Islamabad Police and the FIA expressed their ignorance as to the whereabouts of the missing persons.

The order said Article 9 of the Constitution provides that no person shall be deprived of life and liberty in accordance with law, whereas Article 10(2) provides that every person who is arrested and detained in custody shall be produced before a magistrate within a period of 24 hours of such arrest.

It said no person can be detained in custody beyond 24 hours without the authority of a magistrate.

"If the detenues have been detained by any law enforcing agency or any security agency since July 6, 2024, the same is in clear violation of the said provisions of the Constitution which in the ordinary course would warrant strict remedial and disciplinary measures by the state," it added.

The order noted that Attorney-General for Pakistan Mansoor Awan is expected to meet with Prime Minister Shehbaz Sharif for a policy decision in the matter and to address the question as to the measures to be taken against the persons in the service of Pakistan who violate Articles 4, 9 and 10 of the Constitution by detaining citizens of Pakistan without the authority of law.

The court will resume hearing of the case on August 20.

While hearing another case related to alleged disappearance of a PTI activist, Muhammad Faizan, Justice Aurangzeb noted that another IHC bench on August 9 observed that the instant case appeared to be one of enforced disappearance and directed two of the respondents to submit their reports.

"As per the report submitted by the Islamabad Police, requests have been moved for the issuance of letters to the director generals of the Military Intelligence, the Inter-Services Intelligence and the Intelligence Bureau for the provision of information regarding the whereabouts of the detenue.

"Annexed to the report is a letter dated August 10 by the Sub Inspector, Police Station Karachi Company requesting for the issuance of a letter to the agencies for provision of information about the detenue.