SC takes suo motu on missing child in Quetta

22 Nov, 2024

ISLAMABAD: The Supreme Court taking suo motu on a missing child in Quetta summoned inspector general of police and home secretaries of all the provinces directing them to submit reports on child abductions.

A day ago (Wednesday evening) schoolchildren staged a protest at Balochistan Assembly Chowk demanding safe recovery of Muhammad Musawir, a child abducted six days ago from the Multani Mohalla area. The children urged authorities to expedite efforts to locate the missing boy.

A seven judge constitutional bench, headed by Justice Aminud Din, on Thursday, heard a case of the missing child and expressed concern over the rise in child abductions, particularly in Quetta. It summoned all IGPs and home secretaries from all the provinces for the next hearing.

Justice Jamal Mandokhail expressed concern over the failure to recover the missing child in Quetta, stating that despite the city being paralysed by protests for six days, the government seemed indifferent. He pointed out that even schoolchildren in Quetta had taken to the streets in protest.

Justice Mussarat Hilali raised questions about the report submitted by Khyber Pakhtunkhwa, which claimed zero cases of sex trafficking. She questioned how such a claim could be made when the issue remains rampant.

Justice Muhammad Ali Mazhar inquired whether any provincial body or commission was working on the issue of missing children, particularly, in light of the 18th Amendment, which granted more powers to the provinces.

Justice Mandokhail noted that the entire province of Balochistan had been shut down due to the abduction, but the government seemed unconcerned. He further criticised the lack of preparation by government lawyers on this crucial issue.

The bench was also informed that a committee formed by the Supreme Court on child abductions had not taken any concrete actions since its establishment in 2018.

The petitioner claimed that the committee had never actually been constituted. In response, the additional advocate general of Balochistan promised to submit a report on the matter.

Justice Mazhar observed that the court did not need mere reports but required concrete actions to address child abductions. Justice Mandokhail called for a broader inquiry into the situation, questioning why the authorities were not taking more substantial measures to curb child abductions.

The bench also scrutinised the role of law enforcement agencies, with Justice Mandokhail questioning the role of the Frontier Corps (FC) in social welfare efforts despite the large expenditures allocated to them. Justice Hassan Azhar Rizvi pointed out that children in Karachi were seen begging at traffic signals, raising further concerns about child welfare.

Justice Amin expressed his dismay at the international issue of Pakistani beggars being sent abroad, calling it an embarrassment for the country.

The bench adjourned the case until November 28, requesting a detailed report on the number of children abducted and recovered across the country.

The bench also heard a review petition of Hamza Shehbaz, and issued notice to former chief minister Punjab Pervaiz Elahi, additional attorney general and others.

Justice Mandokhail questioned whether the Parliamentary Leader or the Party Head would issue direction to the party’s MNAs/MPAs in the National/Provincial Assembly for vote on a bill.

Justice Mazhar noted that the SC’s judgment on Article 63A of the constitution has been annulled in the review judgment. However, Hamza’s lawyer contended that it is their stance that the Party Head and the Parliamentary Leader is the same. He submitted that PML-Q’s head Chaudhry Shujaat Hussain had directed his MPAs in the Punjab Assembly to vote for Hamza Shehbaz.

The bench dismissed a petition for non-prosecution. The petitioner, Mehmood Akhtar Naqvi, had approached the Supreme Court under Article 184(3) for the disqualification of Sindh Chief Minister Murad Ali Shah.

The bench also heard the cases of dilapidated condition of schools in Khyber Pakhtunkhwa, and the unlimited powers of High Court Chief Justice to issue administrative orders.

Mian Dawood in his petition submitted that the ex-CJ LHC before his retirement had abolished all the case of the high court employees pending before the tribunal. He contended that the former chief justice had misused his authority. The bench adjourned this case for an indefinite period.

Copyright Business Recorder, 2024

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