Prime facie missing persons commission has failed in discharging its obligations: IHC

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Islamabad High Court (IHC) has summoned report on non implementation of production order of missing person Zahid Amin.

Chief Justice (CJ) IHC Athar Minallah has remarked prime facie commission has failed in discharging its duties. We have repeatedly said that enforced disappearances is a heinous crime and a sheer violation of the fundamental rights laid down in constitution.

The petitions regarding recovery of one Zahid Amin who is missing since the last eight years and Sadiq Amin who is missing since the last one came up for hearing before single bench of IHC led by CJ Athar Minallah here Thursday.

Advocate Iman Mazari appeared on behalf of the petitioners in the court.

Registrar Missing persons commission told the court the missing persons commission has declared Zahid Amin as enforced disappearance in JIT report.

The court remarked when JIT had said that it is enforced disappearance then you issued production orders to whom.

The court inquired from missing persons commission does the commission issue production order as formality. Why are you not providing the relevant information to the petitioners. You should reach the petitioners on your own. The commission is not treating the family members of missing persons in right way. You should go to their homes. When the production orders were issued. What is the date.

Iman Mazari advocate told the court production order of Zahid Amin was issued on September 14, 2020,

The court remarked did you forget to issue production order. To whom it was issued, did they refuse.
Registrar missing persons commission told the court no one refused.

The court inquired did you write to initiate proceedings against them for not implementing production order. You issued production order on September 14, 2020. Prime Facie you may have seen some thing. Can any other issue be bigger than this of human rights violations,

The court observed commission is directed to explain why the effective and worth mentioning action is not being seen.

The court issued orders missing persons commission should provide full facilities to the family members of missing persons. Commission should file report as to why it did not write for launching action against those who are responsible for not implementing the production order. Why the commission which has come into being a decade before did not give proposals to federal government for bringing to end enforced disappearances. There is nothing such like in the record that commission had ever written for taking action after non implementation of production order. The production order was issued two years before and there is no reason for not writing to initiate proceedings against the responsible persons. The court cannot close its eyes. Petitioners are citizens and it is duty of missing persons commission it should reach the family members of missing persons on its own.

The court adjourned the hearing of the case till July 04.