ISLAMABAD: The Supreme Court has asked the federal government to submit its policy on dealing with the increasing cases of missing persons, with a good number of such cases pending in courts across the country in recent years.
“It is the responsibility of the state under article 9 of the constitution to protect the life and liberty of its citizens," noted a three-judge SC bench headed by Chief Justice Iftikhar Muhammad Chaudhry as it heard a case on the disappearance of Fazal-e-Rabbi, whose father Khanzada had filed an application with the SC.
Rabi allegedly went missing on June 10 2009 when he was crossing a army picket in the troubled area of FATA..
The Chief Justice said that the court had ordered a "summary of all cases related to enforced disappearances to ascertain the progress in the case and the policy of the government to affect the recovery of missing persons.”
The bench, which also included Justice Jawwad S Khawaja and Justice Sheikh Azmat Saeed, listed all the missing persons cases pending in the SC with its Human Rights Cell and with the respective provincial high courts.
While hearing cases of different enforced disappearances, the panel directed the attorney general of Pakistan to submit a detailed policy of the federal government on how it plans to deal with the miseries of victims' families.
“The court at the apex level continues to take up the issue and work towards recovery of the missing persons. We asked the AG to point out the policy of the government that what measure it would take to ensure that no person is subjected to enforced disappearances.”
They added that anyone found involved in anti-state activities should be put up for trial in the competent court of law.
At this, the Director General Crisis Management Cell of Interior Ministry Tariq Lodhi presented a document as the government's official policy on the matter.
The Chief Justice observed that the policy statement of the federal government should be filed by a senior official of the government or the AG, and rejected the forwarded document.
The Masood Janjua case
The court also conducted a hearing on the case of Masood Janjua's disappearance.
Masood Janjua went missing in 2004 from Rawalpindi and since then, there had been no clue about his whereabouts. The only hope brought in for his wife Amina was the statement given by Imran Munir in 2009, that he saw Janjua in the custody of Brigadier Saeed.
Additional Attorney General Tariq Khokhar told the bench that Dr Imran Munir had informed a JIT that he had seen the abducted in an internment center of Brigadier Saeed, situated at Zakaria Mosque Westridge, Rawalpindi.
The Superintendent of Police of Potohar Division, Haroon Joya, then informed the court that the police had obtained warrants for the arrest of Brigadier Mansoor Saeed of ISI from the court of Irfan Naseem Tarar, Civil Judge Rawalpindi, for allegedly keeping certain individuals in unlawful custody.
The Chief Justice cautioned the police to proceed with extra care in this matter.
Earlier, the court had urged the police to register cases against all those persons who were being named by the relatives of the missing persons for their alleged roles in the disappearances.
Tausif Ali case
In yet another case the bench directed Rawalpindi police to continue its search for Tausif Ali. Ali's wife Abida Malik had alleged that Major Haider of MI took away her husband last year, after which she never heard from him again.
Station House Officer (SHO) Sadiqabad Police Station Inspector Malik Allahyar informed the court that his predecessor had registered a criminal case against Major Haider and even went to the MI’s office in Mirpur to question him, only to be told that the major was not with the MI.
The father-in-law of Tausif Ali informed the court that he had personally met the accused. He said that the Major used to deal in timber with Tausif and had gotten annoyed over a business dispute.
Commenting on the case, Chief Justice Iftikhar Chaudhry observed that it seemed the case would have to be dealt with as a missing-individual case since institutional involvement had to be ruled out.
He was responding to the plea of advocate Ibrahim Satti, who represented the MI and plead that no criminal cases could be registered against military personnel, as they were subject to Pakistan Army Act of 1952.
Satti said there had been numerous judgments from the apex court, which had already ruled that no court or police could take cognizance against army personnel.
The bench, adjourning the hearing of these cases till July 31, asked the lawyer to get instructions from Secretary of Ministry of Defence about whether the case of Major Haider involved the individual or the department.
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There is no greater torture than having to live with injustice. Amina Masood Janjua is a hero and has what it takes to build a shandar Pakistan - persistence and guts. I wish that the SC succeeds in its efforts to recover citizens held illegally.
The title "Prepare policy on missing persons : SC orders Federal Government", is a real howler. It gives the impression that the government must make a sound policy so that persons can go legally missing. The SC seems to be playing a cat and mouse game while skirting the real issues and simply trying to give an impression it is doing something, knowing really it can do nothing.
I am sure the government will ask a clerk to prepare a policy document on missing persons and submit it in the court. What will this achieve.
CJP should understand that the army is fighting an unconventional war with terrorists. The agencies are not picking up people at random and making them disappear. It is impossible to try the terrorists in the normal courts because the evidence available is not admissible the court. The SC is going for cheap popularity.
This is so shameful and so serious issues, the Army personals whom people considered the most reliable when it comes to justice, safety, and humanity, are now involved in such inhuman activities in their country to their own citizens.The missing people should be produced and the people behind these terrorist activities should be punished as criminals.
People are disappearing themselves so that they can defame ISI!
Why can't ISI come under the law?? When Law enforces don't like the law, how can we expect the terrorists to come under it!
Injustice prevails in this country.
It is great shame to every law abiding Pakistani that still the missing persons under custody of ISI/establishments have not returned to their families. We must praise the intention and action of CJ to get released the missing persons.It appears that our establishments have not learned any lessons from break up of East Pakistan, if we want peace and prosperity then the any sort of kidnappings and illegal confinements must be stopped. Police and other civilian organisation should be allowed to deal such cases honestly and legally.