Non recovery of missing persons: Supreme Court to order for registration of abduction cases against spy agencies

The Supreme Court on Monday said it would not desist from ordering registration of abduction cases against the spy agencies if the missing persons were not recovered. A two-member bench comprising Justice Raja Fayyaz Ahmed and Justice Anwar Zaheer Jamali said those who took oath under the constitution, would have to follow the constitution and function under its parameters. Justice Raja Fayyaz Ahmed observed that making the law a joke would not be allowed and tolerated.
The court expressed dissatisfaction on a report submitted by Attorney General on missing persons and directed him to meet with top officials of Inter Services Intelligence (ISI) and convey them about the matter. He said seventy percent of the cases could be resolved by holding meetings. It noted that it was a case of public nature, thus it should be taken up in the parliament.
"As the matter pertains to Defence and Interior ministries, the secretaries of these ministries should appear before the court on every hearing of the missing persons' case," the bench said. The court observed that all the state institution including the secret agencies were bound to follow and implement the constitution and the law. If any one is involved in terrorism, he should be produced before the court of law, adding that no state institution or official has the right to arrest any one in his personal capacity. The heirs of the missing persons requested the court to order Attorney General to provide them copy of the report submitted by the 'inquiry commission' on missing persons before the court.
Attorney General Molvi Anwarul Haq, however told the court that some parts of the report were sensitive, thus it could not be provided to the complainants, petitioners or heirs of the missing persons. The court directed the AG to inform it about the sensitive parts of the report and after excluding these parts, it should be provided to the complainants, petitioners and heirs of the missing persons on next hearing.
Justice Raja Fayyaz Ahmed said the constitution guarantees protection of the citizens, thus any one including officials of spy agencies, against whom abduction would be proven, would be proceeded under the criminal charges. He said the court being guardian of the constitution could not shut its eyes on its violations. "In these circumstances, who would say we live in a civilised society," he observed.
The court said unless all the missing persons were not recovered, the court would continue hearing in the missing persons' case. Justice Raja Fayyaz Ahmed said had the secret agencies followed the law and the constitution, this would not have happened today.