Missing persons case

Should the intelligence agencies keep defying the Court, they should be held in contempt of court.

One of the criticisms of the Supreme Court has been that it operates under a double standard, with the military seemingly getting deference that is not extended to the civilian government. Certainly in Pakistan targeting the military, an institution used to giving, not receiving orders, is fraught with danger. However, with the ongoing hearing on the missing persons issue, it can be said that the Supreme Court is addressing a matter that is very important and in need of urgent attention. One of the reasons former president Pervez Musharraf had suspended the chief justice was the latter’s insistence on tracking down those who had been secretly detained by the intelligence agencies. It now appears that the chief justice has not given up on that crusade, ordering the ISI and Military Intelligence (MI) to produce seven suspects in the GHQ bombing who had been abducted from Adiala Jail after they were found not guilty. During the hearing, the CJ specifically said that if the prime minister had to submit to the authority of the Supreme Court then everyone else also must obey its directives. Despite the Court’s admirable persistence on the issue, this battle is far from over. The ISI and MI have already missed one deadline for producing the prisoners, giving a cornucopia of reasons for doing so, from a shortage of time to illness. Should they keep defying the Court, the chief justice should hold the military to the same standard it has now set for the civilian government and haul up the heads of the intelligence agencies, forcing them to produce the missing people. If this also fails to work, the intelligence agencies should be held in contempt of court.

The Supreme Court also needs to continue pursuing the cases of those who have been picked up by intelligence agencies and held without charge, be they separatists in Balochistan or suspects in terror cases. Additionally, the Court should also investigate the multiple claims of torture directed against the agencies. By picking up those who have already been acquitted in terror cases, the intelligence agencies are making a mockery of the verdicts delivered by the courts. Evidence is no longer needed to ensure a conviction; the military can simply decide someone is guilty and then hold him indefinitely.

Published in The Express Tribune, February 13^th, 2012.