Justice Javed Iqbal on Friday expressed concern over increase in number of missing persons with each passing day, saying he had received more fresh applications on missing persons. The court also decided to take up the depressing case of missing persons from February 3 and said that Lal Masjid case would be clubbed with it.
The court observed that the incriminating evidences against intelligence have come on record as in some cases there is police record that it handed over persons to the intelligence agencies. A four-member bench, headed by Justice Javed Iqbal comprising Justice Raja Fayyaz Ahmed, Justice Anwar Zaheer Jamali and Justice Asif Saeed Khosa, was hearing the cases of missing persons.
During the hearing, interior and defence ministries' secretaries also appeared before the court and informed the progress made so far on the issue. Secretary Defence Lieutenant General Athar Ali (Retd) told the court that the agencies have been co-operating with the judicial inquiry commission and the apex court in recovery of missing persons and so far 96 missing persons have been recovered.
Secretary Interior Qamar-uz-Zaman informed the court that all the concerned departments are working for the interest of the country and fighting terrorism. He said that the government was thinking to set up a tribunal regarding the recovery of missing persons.
He said that in Shakeel Turabi's son Sharjeel case, who was recovered last month, was in everybody's knowledge including the court. "We arranged his meeting with his mother in Tribal Areas, but he (Sharjeel) at the last moment refused to meet with her. In spite of that the father was crying all over the world that his son was picked up by the agencies," he added.
Justice Javed Iqbal remarked that we have to perform our duties in accordance with the present legislation. "We have no business with setting up tribunal as it was the job of parliament," he remarked. He said everyone knows what had happened in 11 missing prisoners' case, who had done missing from the premises of Adiala jail. When the court had taken extreme notice of it they all surfaced. Amna Masood Janjua stated that throughout the world habeas corpus cases are given priority, but it is opposite in Pakistan.
Justice Javed said even if some tribunal is constituted but the overall supervision would remain with the Supreme Court. "We are more interested in recovery of missing persons rather registration of case. There will be no delay by the court," he maintained. Additional Advocate General K K Agha informed the court that the tribunal, which the interior secretary suggested, had already been recommended by inquiry commission on missing persons. The interior secretary said in Thailand out of 100 Pakistanis 10 had arrived Pakistan.
Justice Khosa said constitution of tribunal was the prerogative of the government and therefore, its initiation should come from government, it is not the judicial function. But the AAG said that for the resolution of 9 chronic cases, which have been pending for the last 10 years, a sub-committee has been formed. There were 10 cases in which credible evidence were available and they will be heard, he added.
Amna Masood said they were not in favour of tribunal but they wanted the apex court to hear their cases as it has more power than the proposed commission or tribunal. Justice Anwar Zaheer Jamali said the court had no objection regarding the commission but would continue to supervise the cases on missing persons.
The court again directed Attorney General and its registrar office to sit together and compile a list of missing persons against whom evidences are available that they are in the custody of intelligence agencies, so that the court may order registration of criminal cases against responsible persons. The hearing was adjourned till February03.
Comments
Comments are closed.