‘If people are going missing, what are the law enforcers doing?’

Fed up of routine explanations, SHC asks why people are not being protected.


Zeeshan Mujahid October 25, 2011

KARACHI:


Bombarded with dozens of petitions on missing people who later made it home after prolonged captivity, the Sindh High Court reminded the law-enforcing agencies (LEAs) on Monday of their prime and foremost responsibility - to protect the lives and liberty of citizens.


Chief Justice Musheer Alam and Justice Ahmed Ali M Sheikh earlier heard petitioner Nafees Ahmed Qidwai, who is the father of Aqib Imtiaz Qidwai who was taken into custody on April 2, 2011 while he was going to a mosque to offer Fajr prayers. He said that his son had returned home but was in severe mental shock.

Shaken at the plight of his son, the petitioner told the bench that besides a loss of education, his son appeared to have a destroyed personality and was not in a position right now to divulge any information (who were his captors and what happened to him during illegal detention).

Understanding the stress that the entire family was going through, the bench said that it was adjourning the proceedings to a date after two months “when Aqib Imtiaz recovers”.

The bench referred to the routine explanations given by the LEAs when a court inquires after missing people. “We have taken cognisance of the fact that merely sweeping the dust under the carpet is not serving any purpose.”  It went on to say that, “It is expected that LEAs should be mindful of their responsbilities and duty not only to this country but every citizen of Pakistan and the life and liberty of persons should be supreme and some investigations and inquiry [has] to be made on their [LEA] end in order to identify the reasons for the disappearance of persons.”

Missing in Pannu Aqil

The bench heard another petition, on missing seminary students who were alleged to be detained in Pannu Aqil Cantt. Contempt of court notices were ordered to be issued to the commanding officer of the cantonment.

Qari Haq Nawaz, 23, the son of petitioner Syed Sakhab Mian, a permanent resident of Allai, Batgram, Khyber Pukhtoonkhwa went missing on January 24, 2011. During the hearing of the petition against his alleged illegal detention, the bench was informed at a stage that he was being held at the Pannu Aqil cantonement, upon which the commanding officer and defence secretary were asked to produce him in court and submit a report.

The bench noted on Tuesday that no report was submitted by the officers. Deputy Attorney General Ashique Raza, appearing for the federation, submitted that no report was recieved by the Attorney General’s office.

Issue contempt of court notices as to why contempt proceedings may not be initiated against the commanding officer of Pannu Aqil, the bench said in its order while adjouring till November 16.

Published in The Express Tribune, October 26th, 2011.

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