The top court on Thursday issued directives to Chairperson Defence of Human Rights Amna Masood Janjua to file written statement regarding reservations over the pace of work of Commission of Inquiry for Enforced Disappearance (CIED). A 5-member larger bench headed by Chief Justice Anwar Zaheer Jamali resumed the hearing of eleven years old missing person's case. During the course of proceedings, the bench observed that the CIED is the proper forum to investigate the matters relating to missing person.
Appearing before the bench, Amna Masood Janjua expressed reservations over the pace of work of the Commission saying its performance of the last six years was not satisfactory as the commission failed to make any headway in ascertaining whereabouts of the missing persons. She further said that relatives of the inmates detained in the internment centers were not permitted to meet with them.
While giving details, she apprised the bench that the commission has not resolved the chronic cases relating to 35 persons - who had gone missing during the era of Pervez Musharraf. Amna Janjua, the spouse of Masood Janjua - a businessman of Rawalpindi who had disappeared on July 30, 2005, submitted before the court that recently a person namely Dr Imran Munir has contacted her and informed that he will send his affidavit regarding her spouse Masood Janjua.
In 2013, Amna Masood had informed a two-member judge bench of the top court comprising Justice Jawwad S Khawaja and Justice Sheikh Azmat Saeed during hearing the case of her missing spouse that the statement of Dr Imran Munir was recorded under Section 161 of the CrPC.
A Joint Investigation Team (JIT), constituted by the Ministry of Interior and the CIED took oath of Dr Munir which is self explanatory and very comprehensive, endorsing his own hand written diary notes of 2007 regarding Masood Janjua being with him in detention facility located in Westridge Rawalpindi. After hearing the petitioner, Chief Justice Anwar Zaheer Jamali asked her to file written statement in the matter saying the court shall issue appropriate orders after examining the statement. He observed that there were no restrictions over the powers of CIED.
The bench remarked that the court will not comment as to why the Commission was reluctant to record the statement of witnesses however, the Chief Justice said that the matter in hand is about fundamental rights. A member of the bench, Justice Mian Saqib Nisar remarked that it was not necessary that all the missing persons were abducted by the secret agencies adding that maybe some people became pray of personal rivalry. He further said that a number of people joined Jehadi outfits, later what happened to them, neither their relatives nor the agencies know their whereabouts. Head of MQM Committee for missing persons informed the court that last month some of their 52 workers went missing to which the bench asked him to file written statement in the matter. Hearing of the case was adjourned till first week of May.
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