35 missing persons’ case: Top court hints at issuing PM, CM contempt notices

Govt given a week to comply with SC’s Dec 10 order.

ISLAMABAD:

The Supreme Court has hinted that it will issue contempt notices to the prime minister and Khyber-Pakhtunkhwa chief minister regarding the non-implementation of its December 10, 2013 judgment in the case of 35 missing persons.

Following a request by the Attorney General for Pakistan, a three-member bench of the apex court, headed by Justice Jawwad S Khawaja has given the federal and provincial governments a week to comply with the order and take action against those responsible.

The court has accepted the federal government’s request to hold in-camera proceedings in the case of 11 missing persons, who are living in Afghanistan.

On December 10 last year, a three-judge bench, headed by former chief justice Iftikhar Muhammad Chaudhry declared that the army authorities removed 35 persons from the internment centre in Malakand Garrison two years ago.

The court ordered the authorities to present the missing persons within seven days and initiate action against those responsible. The court also pushed for legislation regarding enforced disappearances.

In compliance with the court’s order, 12 out of 35 missing persons have been produced before the court but the government has yet to act against military authorities who illegally detained them.

Additional Attorney General Shah Khawar submitted a letter on behalf of the ministry of defence requesting that the government share certain facts regarding these 35 persons in the chamber.

Advocate General K-P Latif Yousfzai said that in compliance with the court’s last order, a meeting was convened between one missing person, Nawab Ali, and his relatives in the Lakki Marwat interment centre. He said a meeting could not be arranged between another detained person, Yousuf, and his family, as none of his relatives had requested a meeting. AG K-P also said that due to the intervention of the provincial government, some people have been recovered.

The bench, however, expressed dissatisfaction over the K-P government’s efforts to trace the remaining missing persons, saying it seems as though the government is helpless and the provincial authorities reluctant to use their powers in this matter.

Justice Jawwad remarked that if the provincial government could not protect the fundamental rights of its citizens, it should permit them to leave the country.

The court also directed the AGP to provide information on the constitutional powers of a province at the next hearing.

Additionally, the court took notice of the federal government’s delay in providing financial assistance to families of missing persons. The case was adjourned until March 18.

Published in The Express Tribune, March 12^th, 2014.