ISLAMABAD: The Supreme Court on Monday ruled that all state functionaries and agencies are subject to law and Constitution, hence they are supposed to act only in accordance with law and to obey the command of the Constitution.
A two-member bench of the apex court, comprising Justice Raja Fayyaz Ahmed and Justice Anwar Zaheer Jamali, was hearing identical petitions filed by the Human Rights Commission of Pakistan and others about the missing persons. The Supreme Court directed the defence and interior secretaries to ensure their presence before the court on each date of hearing pertaining to the missing persons.
“It appears that interior and defence secretaries are directly or indirectly accused in the matter in hand; therefore, in order to guarantee the fundamental rights of the people, they are required to ensure their presence in the court on each date of hearing,” the SC said in its order.
The apex court further ruled that cases where it was observed that any person found involved in terrorist activities directly or indirectly be brought before the court of law while the aggrieved families had the right to know the whereabouts of their relatives. The apex court is to ensure the rights of the people, the court ruled.
During the course of proceedings, Justice Raja Fayyaz Ahmed observed that from the top to bottom, the concerned authorities were not followingthe law. “Can anybody say that we are living in a civilised society?” he observed and added that it was the responsibility of the state to locate the missing persons.
In case of failure to produce the missing persons, the court will direct to register cases against the intelligence agencies, he said. While asking Attorney General (AG) Maulvi Anwarul Haq to play a significant role in extending cooperation to the relatives of missing persons, Justice Raja Fayyaz Ahmed further observed, “We have the same objectives but having different capacities.”
At one point, the justice said that abduction was more heinous crime than killing a person. He asked the AG to hold a meeting with the intelligence agencies and convince them that anyone picked up and having links with terrorist outfits should be taken to task as per the law of the land and their families should be informed about that.
“Mr Attorney General, you should at least sit with security agencies and convince them that those who have committed crime should be taken to task but their families should also know it as well,” said Justice Raja Fayyaz Ahmed. “Aggrieved families have the right to know the whereabouts of their relatives,” he added.
The Supreme Court Bar Association (SCBA) president and Human Rights Commission of Pakistan (HRCP) former chairperson, who is representing various petitioners, told the court that out of the HRCP’s list of 235 people, 174 had been traced out, while whereabouts of the rest were not yet known.
She further told the court that recently four persons, Ishfaq Hussain, Sameer Rind, Siddique Idu and Shehzad Murtaza Alvi, were allegedly picked up by the intelligence agencies on December 21, 2010. She further told the court that Siddique Idu of the HRCP was told by the intelligence agencies that he would be picked up while Shehzad Murtaza Alvi, an employee of Pakistan Air Force, was picked up by the intelligence agencies from Jacobbabad, Sindh.
The Judicial Commission constituted for the missing persons recently issued its findings, however, the AG told the court those could not be made public as they were classified. He further said that he would provide the court some lines of the report of the commission wherein they had some reservations.
The court observed that it would examine as to whether or not it should be made public and adjourned the hearing till January 27. A lawyer representing some other petitioners, who went missing, told the court that two persons, namely Ahsen Ali, son of Muhammad Sharif, and Khalid Khan, son of Ahsen Ali, who went missing were found in Dargai Fort. He informed the court that a person namely Naeem Khan was also detained with these two people. After his release, he disclosed that the two persons were kept at the Dargai Fort.
Amna Masood Janjua, the spouse of missing Masood Janjua, also appeared before the court and submitted that she was still not aware of her husband’s whereabouts who went missing in 2005.
Muhammad Ikram Chaudhry, the counsel for other petitioners, also appeared before the court and submitted that no progress had been made in locating the missing persons. During the proceedings, an old man from Abbotabad started weeping and told the court that his son Hafiz Muhammad Idrees also went missing and his whereabouts were still not known to them.
A doctor from Islamabad, Muhammad Bashir Qureshi told the court that his son, Imran Qureshi, had also gone missing. He became emotional and asked as to what he would tell his grandson who was waiting for his father at home.
APP adds: Justice Raja Fayyaz Ahmed observed that they would not like stereotype material in these cases. “Where is the Constitution which guarantees rights of every individual? We would not desist from registration of criminal cases against those who are directly or indirectly involved.
“There should be a height of everything. We are not living in medieval ages. Every functionary has taken oath under the Constitution to preserve it,” he said.He observed that flagrant violations of the Court’s orders were made. He said in case of unsatisfactory answers, they would pass direct orders against those responsible. The bench also observed that in a few months, the number of cases of missing persons had increased, which was an indication that there existed no law.
Referring to submission of reports by the concerned authorities, he said the practice was nothing but just killing of time. Addressing the AG, he said think of the torture under which a family was going! “It was more than killing of a person,” he added.
To Asma Jehangir’s request, the bench replied that the report submitted before it by the AG was not classified as they would have to consider the latter’s request for holding back certain paras containing sensitive findings and conclusions. AG Molvi Anwarul Haq assured the bench of his complete cooperation and replied that the compensation issue would be settled within two weeks.
Justice Anwar Zaheer Jamali observed that people were generally losing confidence in the system due to such incidents. Justice Fayyaz Ahmed told the AG to take up the issue with the concerned authorities as they might be fearful of legal consequences. He said seventy per cent of the cases could be resolved by holding meetings.
Defence for Human Rights Chairperson Amna Masood Janjua informed the bench that the number of missing persons in their list had soared to 254. She said regarding the chronic cases, they were at the same point where they had been left after the functioning of the commission. Further hearing was adjourned till January 27. |
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