Remarks of Justice Athar Minallah in the hearing of the case related to missing persons
Islamabad :
Justice Athar Minallah, while hearing the case of missing persons, remarked that there is no dispute that people go away on their own but the state also has a responsibility and it is also true that the state is involved in enforced disappearances. ۔
Islamabad High Court Chief Justice Athar Minallah heard the petitions filed against the non-recovery of Mudassar Naro and other missing persons.
The court directed the Home Ministry to ensure implementation of the May 25 court order regarding missing persons, no further adjournment in the case and the parties to give arguments till the next hearing.
During the hearing, the Deputy Attorney General argued that the federal cabinet had constituted a committee of ministers on the issue of missing persons.
On this, Chief Justice Athar Minallah said that this court should read out what was written in its previous order, it was written in this order that missing persons should be recovered and produced, where are they?
The Deputy Attorney General said that the federal government has formed a committee and investigative agencies are also trying their best.
On this, Chief Justice Athar Minallah said that the court should not be entangled in committees, tell me what has been implemented.
He asked where is the action of the federal government, the court will not accept misrepresentation.
“People are still being picked up every day, there is no one to ask,” he said.
Chief Justice Islamabad High Court inquired that the court had ordered the federal government to issue notices to Pervez Musharraf and all subsequent prime ministers, where are those notices and affidavits?
The court said that this is the most important issue and this is the attitude of the state in it. Have there been any meetings of the committee formed by the federal government?
The Chief Justice said that the court had ordered that if the order was not implemented then the present and former interior ministers should be present. He asked where the interior ministers were. Is this court order being implemented?
Chief Justice Athar Minallah said that it would be nice if the court summoned the chief executive, all the governments are violating the constitution and their oath.
The court questioned that the matter should have been a priority for the federal government and all political leadership.
The Deputy Attorney General argued that he would inform the court at the next hearing about the efforts being made for the recovery of the missing persons, to which the court replied that no efforts were being made for the recovery of the missing persons.
Chief Justice Athar Minallah said that the court had ordered that steps be taken to bring the plight of missing persons to the notice of the people. He inquired whether the federal government had issued directions to PEMRA.
The representative of the Ministry of Information present in the court replied that we had written directly to the Pakistan Broadcasters Association to comply with the court order.
The Chief Justice asked how many programs on missing persons have been held since then? “Don’t play games with this court, what’s the point?”
Colonel (retd) Inam-ur-Rehman Advocate said, “We are talking about missing persons. I have been banned from appearing on TV.”
Advocate Inam-ur-Rehman said that from Pervez Musharraf till today, forcible disappearance of people is the policy of the state institution, this court also issues orders but people are still being picked up.
The Chief Justice spoke to Advocate Inam-ur-Rehim that he had drawn attention to an important issue at the last hearing.
Lawyer Inam-ur-Rehman replied that there were ten cases where people went missing and later it was found out that they had been tried and convicted.
“We later learned from prison that some of them had been tried and sentenced to death,” he said.
He argued that even after the expiration of the Military Courts Ordinance, he was convicted under the Official Secrets Act.
The Chief Justice inquired that even the families of the people who were tried did not know about this.
Colonel (retd) Inam-ur-Rehman Advocate replied that no, his family members also came to know about it from jail.
Chief Justice Athar Minallah said that the federal cabinet has formed a committee, although it is not possible, but some action has been taken.
He further added that this court should hold who is responsible for these enforced disappearances, or else state within the state.
The court also questioned the police, IB and armed forces agencies.
Lawyer Inam-ur-Rehman said that the court should hold the Prime Minister responsible, he knows everything.
Chief Justice Athar Minallah asked, “Tell me about any of these cases, who has raised it?”
Social activist Amna Masood Janjua said that the Minister of Defense should issue a notice. On this, Chief Justice Athar Minallah said that the Minister of Defense is under whom, or the Prime Minister should say that he is helpless.
He said that if the Prime Minister is not helpless then the Constitution holds him responsible, then the Prime Minister should say this before the court so that the court can take action against someone.
The Deputy Attorney General said that if the court gives time till the next hearing, the Attorney General himself will assist the court.
Chief Justice Athar Minallah said that after what you have done with the order of this court, there is no need to say anything.
He said that the state should trace and report where the missing persons have gone, extrajudicial killings have been taking place in this country and the police have been killing them.
When the Attorney General asked the court for time till the next hearing, the court replied that there was no need to say anything after what you did with the order of this court.
The court questioned the public prosecutor that there was no disagreement that people go away on their own but the state also has a responsibility, adding that it was also true that the state was involved in enforced disappearances.
Social activist Amna Masood Janjua said the court should summon the prime minister to put pressure on him.
Advocate Inam-ur-Rehman said that show cause notice should be issued to the federal government for non-compliance with the court order.
The court said the deputy attorney general could not be satisfied with the implementation of the May 25 court order.
The notification of the committee constituted by the cabinet on missing persons was also presented before the court.
Chief Justice Athar Minallah said that the federal government had failed to implement the court order in principle, at this stage it was clear to the court that the federal government did not take the issue of missing persons seriously.
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The court ordered the interior ministry to ensure implementation of the May 25 court order. The court adjourned further hearing of the case till July 4.
It should be noted that the federal government had constituted a seven-member committee on April 30 to consider the policy on enforced disappearances.
The move by the federal government comes as the Islamabad High Court, while hearing a petition on disappearances, asked heads of government to explain how “enforced disappearances” became a state strategy. ۔
Chief Justice Athar Minallah had issued a 15-page order directing the federal government to issue a policy on enforced disappearances of former President (retd) General Pervez Musharraf and his successors, including the country’s chief executives including Imran Khan and current Prime Minister Shahbaz Sharif. Notice of unannounced approval was directed.
The court issued the orders after their petitions were set for final arguments in a case involving the disappearance of journalist Mudassar Mahmood Naro and five others, but the federal government requested that the hearing be adjourned.
In his order, Justice Athar Minallah had said that retired General Pervez Musharraf and all the successor chief executives, ie former and current prime ministers, would submit their respective affidavits stating that the court had declared a case against them for unannounced enforced disappearances. Why not approve the policy and thus order the prosecution of law enforcement agencies, especially the armed forces, for allegedly violating the constitution by endangering national security?
