Missing persons' case hearing: Supreme Court warns of action against higher authorities

A Supreme Court bench hearing the case of missing persons on Wednesday cautioned action against higher authorities instead of booking the low ranking officials and observed, so far, the law enforcing agencies had not made any serious effort to trace whereabouts of the missing persons.
Heading a three-member bench, Justice Javed Iqbal remarked that non-transparent, irresponsible and brutal measures were adopted by the law enforcing agencies in dealing with missing persons' case. The bench comprising Justice Javed Iqbal, Justice Raja Fayyaz Ahmed and Justice Muhammad Sair Ali heard the case of one missing person, Mustafa Azam.
The court issued notices to IG NWFP to appear before it on December 7 with relevant record of Hayatabad bomb blast besides facilitating Muhammad Azam, father of Mustafa Azam, to meet him. Appearing on notice, Inspector General Police Sindh, Salahuddin Babar Khattak told the court that Mustafa Azam, who went missing from Sindh in 2006, has recently been arrested by Peshawar police in connection with the Hayatabad bomb blast.
He said that he had received court's notice but did not exactly know about the issue, however, he had constituted an investigation team headed by DIG Ghulam Nabi Memon and consisting of three DSPs. He further informed the court that charge sheet had been issued to one DSP while a SHO had been suspended. He assured the court that investigation would be conducted in an impartial and transparent manner and injustice would not be done to anyone.
When he told the court that FIR was registered against Mustafa Azam on November 17, 2009, Justice Sair Ali questioned as to why FIR was lodged after a lapse of about three years. Justice Javed Iqbal said who would be responsible for lapse of three years as no law-enforcing agency showed interest in the case. "Now action will be taken from top to bottom, leave practice of formation of teams, come up with substantial outcome," Justice Javed Iqbal remarked.
Amna Janjua, spouse of one missing Masood Janjua requested the court to issue some notices in Mustafa Azam case. The court, however, observed that now Mustafa Azam's status had been changed and he could no longer be treated as missing person. Justice Javed Iqbal said after his arrest in Peshawar, he could not be treated as a missing person.
"Let the legal mechanism to take its' course," he added and asked the Advocate General Sindh Yousaf Leghari to convey their (court) message to provincial government that concept of missing persons should be eradicated once for all. Meanwhile, the court also directed the Sindh police officials to complete their investigation process in Mustafa Azam's case within fortnight and issued notices to Sindh DSP Prison Qamar Raza Zaidi, ASI Nadeem and Tariq to appear on next date of hearing.
Muhammad Azam, father of Mustafa Azam, appeared before the bench in-person and said his son had been missing since 2006 but police failed to recover him despite apex court's orders. He alleged that the police officials present in the courtroom were not interested in tracing out his missing son who had been kept shifting in different jails of the province.
I can produce video clips showing threats, requests of concerned police officials and possible whereabouts of my son, said Muhammad Azam. At this DSP Anwar Subhani resorted to outburst on the allegations levelled by father of Mustafa Azam. "We will not permit you to be out of your shirt," Justice Sair Ali said. Justice Raja Fayyaz Ahmed said father of Mustafa Azam was an aggrieved one, he did not lose his patience. "But you being in uniform were crossing the limits," Justice Raja Fayyaz Ahmed added.