Recovery of six missing persons: IHC fixes identical pleas before division bench

15 Nov, 2022

ISLAMABAD: The Islamabad High Court (IHC) on Monday ordered to fix the identical petitions relating to the recovery of six missing persons before a division bench.

A single bench of IHC comprising Chief Justice Aamer Farooq conducted the hearing of the petitions and expressed his displeasure over the response of the Additional Attorney General (AAG), Munawar Iqbal Duggal.

The IHC bench also summoned the Station House Officer (SHO) of Sabzi Mandi police station in this matter and adjourned the hearing with the aforementioned directions.

During the hearing, the AAG informed the court that the committee constituted by the cabinet was investigating the matter and held eight meetings with the families of the missing persons. However, he stated that the committee formed to investigate the matter became dysfunctional after previous law minister Azam Nazeer Tarar resigned.

The IHC bench maintained that the new law minister could have overseen the matter and questioned if the committee will cease to exist if the government changes. Justice Farooq asked that should the case also end now because the former chief justice of the IHC has ascended to the Supreme Court?

He continued that there are no results, even if there have been efforts. He further said that if the AAG wants to do nothing then the court should be informed, and the cases would be disposed of.

Advocate Imaan Mazari appeared before the court as counsel for missing journalist Mudassar Naaru’s mother and said that the prime minister had appeared before this court and given several assurances. She added that a report on behalf of the prime minister was supposed to be submitted to the court Monday. The AAG replied that meetings were held with the relatives of the missing persons and that more action had to be taken. He maintained that the committee needed more time.

The bench questioned that how much more time was needed for these cases, which have already been pending for the last two years. Lawyer colonel Inamul Rahim (retd) contended that the AAG had repeatedly asked for additional time, calling on the prime minister to release executive orders regarding the matter. He further said that production orders for 450 people had been issued.

The IHC bench directed the AAG to not act like the bureaucracy and asked him to leave the position of power behind and think as a human being about what happens when a family member goes missing. He questioned the official that how they would feel if someone close to them went missing.

He said that it is in the interest of the country that these issues are resolved. He added that we are human beings first and our positions of being lawyer, judge, and IG come later.

A father of two missing brothers said that his sons went missing from outside the International Islamic University Islamabad, and had still not been recovered.

Justice Farooq questioned what the investigating officer (IO)’s findings were regarding this case as he expressed his anger at the IO of the Sabzi Mandi police station.

Later, the IHC said that it would issue an appropriate order in this regard and adjourned the proceedings.

Copyright Business Recorder, 2022

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