Enforced disappearances of citizens: Issue should be resolved by calling general or joint session: SC

ISLAMABAD: The Supreme Court said the issue of enforced disappearances of citizens should be resolved by calling a general or joint session of the parliament.

A six-judge constitutional bench of Supreme Court, headed by Justice AminudDin, and comprising Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi, Justice Mussarat Hilali and Justice Naeem Akhtar Afghan, on Tuesday, heard multiple cases.

The bench issued notices to the interior minister, the Attorney General of Pakistan, and other parties and sought reports from them.

In October 2023, senior lawyer Aitzaz Ahsan had filed a constitutional petition in the SC to “challenge the illegal and unlawful practice of enforced disappearances”. However, the SC Registrar’sOffice, a month later, returned the petition for being an “individual grievance” and “not raising any question of public importance”.

Advocates Sardar Latif Khosa and Faisal Siddiqui appeared on behalf of the petitioner, Ahsan.

Justice Mandokhail remarked that the issue should be resolved by calling a general or joint session of parliament. “The court has recognized parliament as supreme, parliament should prove itself to be supreme,” he said. “In my opinion, the missing persons issue is an extremely important one.”

He continued: “Missing persons’ cases are being heard in the high courts and SC, people’s lives are at stake, thousands are missing, [and] senior senators like Latif Khosa and Aitzaz Ahsan are standing here. Parliament needs to find a solution to this.”

Deputy Attorney General Javed Iqbal Younis informed that the missing persons’ case was discussed in the cabinet a day before. “The cabinet has formed a sub-committee, which will present its recommendations to the cabinet. The government wants to finally solve the missing persons’ issue,” he said.

Justice Mandokhail remarked that the issue of missing persons would not be solved through rhetoric alone. Justice Mazhar questioned how many recoveries the Enforced Disappearances Commission had made till now.

Justice Hassan inquired if the commission had information on who enforceably disappeared the people. “The missing people who have returned, what have they said? Who picked them up and took them away?” he added.

Justice Mandokhail remarked: “Missing persons who return don’t say anything, they say that they went for a vacation to the Northern Areas.”

Latif Khosa said that the country had become a “deep state”, upon which, Justice Mandokhail stopped him from speaking and told him to refrain from discussing politics in the court. “Call a general or joint session of parliament to solve this issue.”

Advocate Khosa then asked whether the missing persons’ issue should be resolved like the 26th Constitutional Amendment. Justice Mandokhail responded that 26th Amendment would be seen in due course.

Khosa said that most of the missing persons’ cases were from Balochistan, to which, Justice Mandokhail said that the people and court were looking towards parliamentarians to resolve the issue. Upon that, Ahsan said that parliament “does not have judicial powers.”

Justice Hilali then addressed Advocate Khosa and inquired whether PTI workers had enforceably disappeared, which he affirmed. She asked whether they disclosed who picked them up, to which, Khosa replied that their children would also be taken away.

Advocate Siddiqui noted that people’s loved ones have been missing for 10 to 20 years. “At the previous hearing, the court gave an order related to missing persons; today the bench cannot find that order.”

“The missing persons order has also gone missing,” Justice Rizvi quipped.

Justice Naeem narrated an incident, in which, 25 lawyers appeared in a case of missing persons in Balochistan. Missing persons returned home on the orders of the Balochistan High Court, which also ordered the returned individuals to appear in court.

“After returning, those people never appeared in any judicial forum to record their statement. One of the purposes of recording their statement was that if the army is involved, then [General Headquarters] should be written to for a court martial.

“If other institutions are involved, then action should be ordered against those involved. If any case of missing persons is to be made an example, then someone from among the returned individuals should have the courage to stand up.

“Some missing persons cases also ruin and defame missing persons and the state,” Justice Naeem said, adding that a war of independence is being done in the name of missing persons. “No one in the system is ready to stand up.”

Here, Advocate Siddiqui said that after the attorney general’s assurances, 350 people went missing. “The state is obeying previous official court orders.”

Ahsan said that the attorney general had given assurances that no citizen would be enforceably disappeared. “We want to move towards a solution in the missing persons’ case,” Justice Khan said.

Justice Mandokhail then said: “The solution to the missing persons’ issue is that stakeholders sit together and consider why the issue of missing persons arises. “The court considers parliament supreme, parliament should also consider the same.”

Ahsan said those who have returned should be called to court, which Justice Naeem agreed to.

The case was adjourned until next week.

Copyright Business Recorder, 2024