SC directs commission on enforced disappearances to submit ‘comprehensive’ report – Pakistan

The Supreme Court on Wednesday directed the Commission of Inquiry on Enforced Disappearances to submit a “comprehensive report” on missing persons, along with the details of all production orders issued.

The commission, headed by Justice Javed Iqbal, was established in 2011 to trace missing persons and fix responsibility on the individuals or organisations responsible for it.

While hearing a case on the chronic malaise of enforced disappearances today, SC directed the commission to prepare a report on all the missing persons cases and provide production orders issued “on each of the cases” to the Attorney General for Pakistan within 10 days.

The orders were passed as a three-member bench comprising Chief Justice of Pakistan (CJP) Qazi Faez Isa, Justice Muhammad Ali Mazhar and Justice Musarrat Hilali on a set of pleas. Among the petitioners was Barrister Aitzaz Ahsan who highlighted how the unlawful practice of enf­orced disappearances continued unabated, haunting generations upon generations.

A day earlier, the top judge had emphasised that the case held great public importance and that the court intended to resolve the matter for good but insisted that the matter could be settled only if all accepted responsibility.

“This country belongs to all of us. Even those who may have other viewpoints,” he had observed and called for making Pakistan “strong from within”.

The court had also requested Ahsan’s counsel, Shoaib Shaheen, to present concise points on potential legal actions regarding enforced disappearances.

As the proceedings commenced today, Shaheen read out loud previous judgments issued on the matter in court. He also mentioned the Faizabad sit-in case. However, the CJP asked how the case was linked to enforced disappearances.

“Enforced disappearances are not directly mentioned [in the order] but it mentions the role of intelligence agencies,” the lawyer said. At that, the top judge remarked that the Faizabad sit-in verdict had upheld the fundamental right to protest.

Justice Isa then asked the lawyer to provide details of the Baloch protesters who faced police action in Islamabad last month.

At one point, while Shaheen read out the court’s judgment on the abduction of journalist Matiullah Jan, the CJP asked why the lawyer was mentioning the case now. “Did the government, at that time, accept responsibility?” the judge inquired.

Shaheen replied that the then PTI government had intervened to expedite the recovery of the said journalist. However, the top judge intervened and said: “Don’t take the credit. It was egg on the face and I am surprised that not a single head rolled as a consequence.”

“When something has been established by video recording, an abduction taking place and presumably state agencies involved in the abduction, look the other way. No consequence. Then why govern? If you had taken a stance then, not a single missing person would have been picked up thereafter,” Justice Isa remarked, noting that Matiullah Jan’s case was “the only documented case”.

Shaheen argued that anchorperson Imran Riaz Khan was also abducted and footage of the same was available. He added that Riaz had called him to express that he was willing to come to court. The lawyer also referred to other political activists who were “picked up” but the court inquired why they did not say the same themselves.

“Please don’t start pleading cases of powerful people who are well-settled and have all the resources in the world and when they want they can come to court. And when they don’t want they don’t come to court. Don’t become their spokesperson,” the CJP lamented, adding that the lawyer was making the case political.

Subsequently, the bench called Defence of Human Rights Chairperson Amina Masood Janjua to the rostrum. She said her husband was “forcefully disappeared” in 2005, during the tenure of Gen Pervez Musharraf, and the then chief justice had taken a suo motu notice of it.

Upon being asked the reason for being picked up, Janjua said there was no reason in her mind. She added that her husband had been declared dead by the Commission of Inquiry on Enforced Disappearances and demanded that the SC takes up her case again.

“I just want to know the truth for myself, for my children that what happened [to my husband],” Janjua further said. Upon being inquired who should be approached for these answers, she said the military and the army chief should be questioned.

Subsequently, the CJP directed the Attorney General for Pakistan (AGP) Mansoor Usman Awan to present a report on the matter. “I don’t see why this government or those in charge of various institutions would want to assume responsibility if someone else earlier had done something illegal. There is every reason that if they have some information, they will tell you,” the judge remarked.

Justice Isa added that the concerned ministries in the matter would be the Ministry of Interior and the Ministry of Defence.

Continuing her arguments, Janjua said that the issue of enforced disappearances had been prevalent over the years. The CJP reiterated that a date-wise and name-wise list of missing persons should be presented in court to resolve the matter.

At one point, the top judge asked the AGP if he was prepared to make a statement on behalf of the federal government that no person would be picked up illegally without due process of law. “Absolutely,” Awan replied.

“We want it in writing. Who will give the statement?” Justice Isa asked, noting that the court wanted people on the highest level to give the statement. “We want this on behalf of the Government of Pakistan. This country has fractured from within and part of it is derailment of democracy and that is a major cause.

“In Balochistan, missing persons are a separate issue. In KP, it is slightly different […] there is also very horrible other element: people are being killed for ethnicity, people are being killed for sectarian reasons,” the CJP remarked.

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