Missing persons: AAG told to get information about when Judicial Commission to become functional

The SC on Thursday directed additional attorney general to get information from the government that when the Judicial Commission on Missing Persons would start functioning. A three-member bench comprising Justice Javed Iqbal, Justice Muhammad Sair Ali and Justice Tariq Parvez questioned that how the name of Justice Sardar Muhammad Raza Khan (retired), who had refused, was notified as chairman of the judicial commission without consulting him.
Justice Javed Iqbal said the office and modalities of the commission have not been set up so far, adding the government takes action when the Supreme Court issues directives. Additional attorney general KK Agha told the court that according to law ministry, the retired judges can sit in the commission and the commission would prevent the recurrence of such incidents in future.
Justice Javed Iqbal observed that the court was fully cognisant of the sentiments of the families of missing persons, however, it was not possible for it to record evidence of each and every person and the job should be done by the commission. Appreciating government's efforts for recovery of missing persons, he said the commission will give its recommendations, while the final order would be passed by the court.
He said for the first time police had recorded a statement of a corps commander. He said every move of the government should not be seen with suspicion. Justice Muhammad Sair Ali said since the commission is a judicial commission, thus the court have faith in it.
Muhammad Ikram Chaudhry, counsel for a missing person, said it seemed as if law ministry prevails in office of attorney general. He said after the resignation of former attorney general Anwar Mansoor Khan, the influence of law ministry has increased in the attorney general's office, which Agha denied.
Ikram Chaudhry said four weeks have lapsed but the commission could not be established. KK Agha said the commission instead of weekly reports would have to submit comprehensive reports in four months time, which would be submitted before the Supreme Court for review and examination. Kamran Dost, secretary home department, Sindh said that three missing persons - Shahid Khan Mari, Khan Muhammad Mari and Arshad Janjua, who were in the province have been released from the Mach Jail.
Tariq Mehmood Pirzada, chief commissioner Islamabad submitted a DNA report of persons went missing in Lal Masjid tragedy, adding no woman went missing in Lal Masjid incident. To a court query, he said 28 persons went missing in the Lal Masjid operation, however, the court directed him to correct his figures.
He said that he had met with families of these people and certain among them had expressed their concerns about security agencies' role but the concerned authorities had denied that they had kept their relatives in custody. The court directed the chief commissioner to facilitate all people who approach him for redressal of their grievances.
"If anyone approaches you, he should not be treated in bureaucratic manner and an officer not less than BPS-17 should be deputed to deal them," Justice Javed Iqbal said. The chief commissioner assured him that there would be no bureaucratic approach in dealing with these people. Ikram Chaudhry expressed doubt over the report saying that the way samples were collected and DNA tests carried out was not satisfactory.
The court noted in its order that Dr Aafia Siddiqui was no longer a missing person and so no further action was called for. Hashmat Ali Habib, counsel for Aafia Siddiqui, requested the court to direct government to take up her issue with US government. The court told him that she was no more a missing person and had been convicted by the US Jury.
"You could better approach that forum", the court asked him. The court directed Agha to go through the whole record of missing persons to be in better position to assist the court. The court also directed KK Agha to perform his duties without coming under influence of anyone. IG Police Islamabad Kaleem Imam told the court that they had recovered Ghulam Mustafa Tabbasum who went missing from sector I/9. Currently, he was held up in Adiala Jail on the charges of Rescue 15 bomb blast, he added. The court later adjourned the proceedings for two weeks.