Government could have resolved missing persons issue: SC

The government is urged to act, as missing persons cases continue to be unresolved.

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The Supreme Court of Pakistan has expressed frustration over the prolonged issue of missing persons, with Justice Jamal Khan Mandokhail asserting that the government could have resolved the problem had it desired to do so.

The court was hearing a case related to missing persons when additional attorney general informed the court about the government’s decision to appoint Justice (retired) Faqir Muhammad Khokhar as the new head of the commission on missing persons, replacing Justice (retired) Javed Iqbal, Express News reported.

The attorney general also mentioned that the government intends to establish a tribunal for missing persons through new legislation.

In response, Justice Muhammad Ali Mazhar remarked that such legislation would be necessary to set up the tribunal.

The attorney general indicated that the cabinet committee was working on the legislative process and was asking for a timeline to complete it.

Justice Mandokhail, however, pointed out that the law already exists, stating that making someone disappear is a criminal act. He emphasized that if a crime had been committed, a trial should be held, and if no crime had been committed, the person should be released.

The court was told that the government wanted to address the issue of missing persons systematically, but Justice Mandokhail responded, saying that if the government truly wanted to resolve the matter, it would have already been addressed.

Further, Justice Hassan Rizvi questioned how many missing persons had been recovered by the commission and whether the individuals who had been found were disclosing their whereabouts.

The registrar of the missing persons commission explained that those recovered do not reveal where they had been.

Justice Masarat Hilali called for new legislation to be enacted specifically for missing persons, and Justice Mandokhail concluded by saying, “We can only hope that the government will resolve the issue. We cannot tell Parliament to legislate on this matter.”

The court then adjourned the hearing indefinitely, leaving the issue unresolved for the time being.