ISLAMABAD: Prime Minister Shehbaz Sharif, Friday, assured the Islamabad High Court (IHC) that he would resolve the issue of missing persons by making all-out efforts for their recovery.
The prime minister made the remarks before the single bench of Chief Justice Athar Minallah, which heard various petitions for the recovery of the missing persons.
The PM said that he had been busy visiting flood-affected areas, adding he did not want to hide behind any lame excuse. Shehbaz further said that he cannot say that all of the missing persons would be recovered but the government would leave no stone unturned. He assured the court to resolve the missing people’s issue and said that he was answerable to the people of Pakistan and Allah, the Almighty.
On the last hearing, Justice Minallah had directed PM Shehbaz to ensure that the missing persons whose cases were being heard in the IHC to be produced before the court on September 9 and warned that the failure to do so would require the premier to appear in person on the said date and give an explanation.
During the hearing, the IHC chief justice remarked that it was the responsibility of the state to redress the sufferings of the victim families. He added that the court had summoned the prime minister because it was a very serious issue and being heard by this bench for several months.
He further said that the response of the state to the matter had not been as per its responsibility. The judge said that a chief executive ruled this country for nine years and he admitted proudly in his book that he sold the Pakistani citizens abroad.
Justice Minallah said that the matter was sent to the federal cabinet and a cabinet committee was formed but this matter was not only about the formation of the committee. He further said that the commission on missing persons was set up but its proceedings that came out were very disappointing. He continued that the families of missing persons are sitting here and they revealed a lot of things about the commission and Defence of Human Rights in Pakistan Chairperson Amina Masood Janjua had also told much about the commission to the court.
He remarked disappearance of people was the biggest form of torture and the court had no other option but to ask the executive. He asked what should they do when the state expressed ignorance about who made the citizens disappear.
The IHC CJ emphasized that the state’s responsibility should be fulfilled and expressed his regret, saying that in cases where missing persons were recovered, no further action was taken. He said that the political leadership has to solve this issue. He further emphasised that there should not be an impression that law enforcement agencies were picking up citizens.
He asked who should be held responsible in the missing persons’ case.
The PM said that it was his duty to resolve the issue. At this, Justice Minallah observed that there were several issues of governance that could only be resolved once the Constitution is restored.
The IHC CJ termed the practice of making people go missing the worst form of torture and a deviation from the Constitution. PM Shehbaz told the court that a child of a missing person had asked him to reunite him with his father. He said, “This sentence is very disturbing for me.”
The prime minister expressed the resolve to present undeniable evidence to the court, saying that facts speak for themselves.
Justice Minallah observed that committees were set up, assurances were given but no work was done. The prime minister stated that while he could not guarantee the recovery of all missing persons but he would leave no stone unturned in this matter.
He maintained that according to the Constitution, if a citizen goes missing, the state is responsible. He added that making people go missing is akin to violating the Constitution. He further said that before the court’s decision in the case, the executive would have to make sure that no more persons would go missing.
The IHC chief justice censured the government for having no control over subsidiary institutions. He said that as the chief executive, the responsibility to address enforced disappearances lies with him.
He remarked that action should be taken against those who have violated the Constitution. He said that no entity was above the Constitution in this country and this court would ensure civil supremacy, as well as, the supremacy of the Constitution. He added that the state has agencies and other resources; go and find them.
During the hearing, the law minister informed the court that the PM was scheduled to meet United Nations Secretary-General Antonio Guterres at 10.30am today. At this, the court allowed PM Shehbaz to leave the hearing, stating that it is his job to end enforced disappearances.
Then, the AGP informed the court that he had consulted the law and interior ministers on the matter, besides speaking to the members of the committee formed on missing persons. The AGP requested the court for some more time in this matter. He added if they were unable to fulfil the responsibility, they would come and say that they have failed.
At this juncture, the law minister maintained that a committee was constituted on missing persons so that they could go to the bottom of the issue.
He said that he was hopeful about reaching a logical conclusion in this regard but contended that the job at hand could not be completed within two days. He requested more time of two months.
After the petitioners agreed, the IHC bench granted the government more time and deferred the hearing till November 14 for further proceedings.
Copyright Business Recorder, 2022
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