The Constitutional Bench (CB) of the Supreme Court has urged parliament to find out a solution to the issue of missing persons, noting that the apex court has already declared parliament the supreme institution among the pillars of state.
A six-member CB led by Justice Aminuddin Khan on Tuesday took up the petitions filed against alleged enforced disappearances of people from various parts of the country.
During the hearing, Justice Jamal Khan Mandokhail noted that the issue of enforced disappearances is of utmost importance, affecting the lives of thousands.
He said that while courts, including the Supreme Court and high courts, are handling these cases, a comprehensive solution must come from parliament. "Parliament should convene sessions and address the matter legislatively," he noted.
Deputy Attorney General Javed Iqbal informed the court that the issue was recently discussed in a federal cabinet meeting, leading to the formation of a sub-committee tasked with presenting recommendations. He reiterated the government's intent to resolve the issue definitively.
Justice Muhammad Ali Mazhar inquired about the number of recoveries made by the Missing Persons Commission and whether any data existed on those responsible for abductions. Justice Hasan Azhar Rizvi observed that individuals who have been recovered rarely disclose details about their abduction.
Advocate Latif Khosa argued that Pakistan has effectively become a "deep state," a claim Justice Mandokhail rejected, reminding Khosa to refrain from political statements in court.
"Summon a session of joint or regular session of parliament and resolve this matter," he asked Khosa.
Advocate Latif Khosa, who belongs to the PTI, asked the bench if the matter should be resolved in the manner in which the 26th Constitutional Amendment was passed.
The ruling coalition rushed the 26th amendment through parliament last month, bringing sweeping changes in the country's judicial system, leading also to the formation of the apex court CB.
Responding to the sarcastic question, Justice Mandokhail noted that the issue of the 26th Constitutional Amendment would be dealt with at the appropriate time.
When Justice Mandikhail said that the nation and the judiciary are looking to parliamentarians for resolution of the issue, senior lawyer Aitzaz Ahsan remarked that parliament does not have the powers of the judiciary.
Justice Musarrat Hilali highlighted the gravity of the issue, mentioning cases of abductions of members of political parties, including the PTI. Addressing Advocate Latif Khosa, she asked if any of the abducted PTI workers had told them who kidnapped them.
Responding to the judge's question, Khosa stated that if those people say anything, their children will also be abducted. The court expressed frustration over the lack of cooperation from those involved, including recovered individuals, in identifying the perpetrators.
Justice Naeem Akhtar Afghan remarked that some missing persons exploit their plight to harm the state's reputation. He called for courage among stakeholders to establish accountability and implement strict legal consequences.
COMMENTS
Comments are moderated and generally will be posted if they are on-topic and not abusive.
For more information, please see our Comments FAQ