Chief Justice (CJ) Islamabad High Court (IHC) Athar Minallah has remarked in missing persons case that enforced disappearances are tantamount to abrogate the constitution.
“chief executive is responsible. No one is above the constitution. This court will ensure civil supremacy in accordance with constitution.
Prime Minister (PM) Shahbaz Sharif while assuring to resolve the issue said still he has met with son of a missing person. He asked him PM please reunite his father to him . This sentence has saddened me. This sentence is very painful. I am accountable to the courts of the country and people of the country. I have to render account to Almighty Allah. I will not allege any one. We have constituted a cabinet committee. I will place before the court irrefutable evidences. I promise I will submit facts based report before the court.
The petitions related to recovery of missing persons and journalist Mudassar Naro came up for hearing before a single bench of IHC led by CJ IHC Athar Minallah Friday.
The court staff told before inception of hearing that today only the case of missing persons will be heard and cause list of other cases has been cancelled.
The family members of missing persons reached the court. The minor son of missing journalist Mudassar Naro also was present in the court.
The CJ IHC Athar Minallah started the hearing of the case. PM Shahbaz Sharif, Attorney General (AG) and law minister came on rostrum.
The CJ IHC while addressing the PM remarked “you are elected representative and chief executive of this country. This court has troubled you because this issue is a major issue. Such response is not coming which should have come. One Chief Executive (CE) has ruled this country for 9 years. He wrote in his book pridefully that he sold out people of his country to foreign country. This court is not investigation agency. This court referred the matter to federal cabinet umpteen time. Federal cabinet had not given such response which should have come. You constituted a committee. This is constitutional court and this is not matter of a committee only. Commission was constituted for missing persons. Families of missing persons are sitting here. They have told several things about the commission. What are the obligations of the state should be discharged. People were recovered but no action was taken ever. This court will see the constitution. No issue is bigger than this.
CJ IHC further remarked Baloch students reservations are coming before this court. There should be no such impression that law enforcement agencies lift the citizens. This impression affects our national security. The political leadership has to resolve this issue. Enforced disappearances is the biggest kind of torture
He observed the court has no other way before it except to ask from executive. You are working for flood affectees and you have come in the court while understating this issue.
He observed the enforced disappearances are deviation from the constitution. You are the PM of this country and national security of this country is in your hand. This court has trust on you. Tell us a solution to this issue. .A minor child comes here and this court should give what reply to him. This court should hold whom the responsible for the enforced disappearances.
CJ IHC further remarked there are several problems of the governance and these will be addressed when the constitution is restored. Most of the law enforcement agencies are under interior ministry.
Shahbaz Sharif replied I appeared in the court when your order was received. You have given very important observations. I will not give any excuse. The child said to me PM Sahb reunite my father to me. This remark is very painful for me. I assure you I will try my best. I will monitor every meeting of committee of missing persons and will present report in the court. Report will not have any story but it will be based on facts.
The CJ IHC directed AG to read out article 7 of the constitution.
The AG read out article 7 of the constitution.
The CJ then remarked tell us who is responsible for missing persons. 2 brothers went missing from Islamabad and no clue has been found about them so far. Committees were set up and assurances were given but no work was done.
PM said he and his brother were also targeted by the dictator.
CJ remarked the former chief executive admitted enforced disappearances of citizens were the policy of state. The state is responsible as per constitution if any citizen goes missing.
The CJ inquired from PM should the court hold responsible every member of security council for enforced disappearances. Satisfying the family members in old cases of missing persons is the responsibility of state. No one should go missing in future. Tracing them is job of state and not of the court. State has agencies and other sources. Go and trace out them.
CJ remarked a journalist was lifted from federal capital and its videos are available too. How this court should accept that the state is so weak that it could not investigate it. An officer of SECP was picked and he stated on his return that he had gone on visit to Northern areas.
Mother of Mudassar Naro said we were staging sit-in from February 2019. Rana Sana Ullah is from our Faisalabad. We have made so many appeals to him. We respect army and we want coming generation should also respect them.
The CJ remarked no one should have any doubt who picks them up. PM Sahb this is issue of national security. This is not state within state. This court accepts. Constitution is supreme and it will be implemented.
He observed if the law continues to be violated then every ruler is responsible. This court will see the constitution and then give the decision.
Addressing AG CJ said if you are ready then give arguments today. Then court should give a decision. It is tragedy of our society that the responsibility lies with whom he says what can I do. This is made pretext that he was not empowered.. If powers are with some one else then leave the office.
Law minister Azam Tarar said this is government of allied parties and this is their own issue of allied parties. Therefore, this government has constituted a committee to reach conclusion.
He said we need two months time. We can not do this job within two days. If monitoring of this court remains then we will perhaps reach some solution.
CJ remarked this court wants to give a decision. This will help in addressing these problems.
CJ IHC inquired the intelligences agencies are subordinate to whom. No chief executive can make this pretext that he is helpless. If chief executive says intelligence agencies are not subordinate to him then he accepts deviation from the constitution. Any chief executive who accepts it then he should quit his office and go home.
Farhat Ullah Babar said parliament is so much strong that it can remove the prime minister.
Law minister said more legislation is also needed.
CJ remarked tell them such forum which is available every time for the family members of missing persons. This is not time to level charges against each other. This is time for self accountability .
The court gave time for two months to law minister and adjourned the hearing of the case till November 14.
