ISLAMABAD
Supreme Court (SC) while adjourning hearing of enforced disappearances and missing persons case till today (Wednesday) has sought reply from Attorney General (AG).
Chief Justice of Pakistan (CJP) Qazi Faez Isa has remarked we cannot order parliament to legislate. Every institution should remain within its limits. The matter be not politicized. Senate is there at present too.
The CJP while moving to Shoaib Shaheen remarked Farrukh Habib,Sadaqat Abbasi and Usman Dar, who are these persons. Are you grieved over it that these people have quit the party. Should we say this to them to return to party.
A 3-member bench of SC presided over by CJP Qazi Faez Isa took up the case for hearing Tuesday.
Khushdil Khan Malik petitioner for missing persons came on rostrum at the inception of hearing.
He requested that the judiciary should order parliament to legislate for enforced disappearances.
Justice Muhammad Ali Mazhar remarked a commission has been constituted already in connection with enforced disappearances.
The CJP inquired which commission has been constituted.
Khushdil Khan Malik said commission on enforced disappearances was constituted under Justice (Retd) Javed Iqbal. But it has done nothing so far. The court should issue notice to government and inquire why the legislation has not been enacted about missing persons since the last 50 years.
Justice Qazi Faez Isa inquired how can the court order parliament to make such and legislation. SC practice and procedure law-2023 has been made. Please bother to read it.
Justice Muhammad Ali Mazhar remarked the court is not authorized to legislate.
Shoaib Shaheen counsel for Aitzaz Ahsan came on rostrum. He said son of Latif Khosa has been arrested and he has been power of attorney. Objections were raised on our petition.
The CJP remarked we are hearing the petitions by dismissing the objections. Because it is matter of public interest.
The CJP inquired Aitzaz Ahsan expressed what reservations in the petition.
Shoaib Shaheen replied point of missing persons and then their appearance from one side was raised.
Shoaib Shaheen said in 2011 PPP was in power and commission was constituted during this time.
The CJP inquired does Aitzaz Ahsan want to suspend the notification of his own government.
Shoaib Shaheen said as per commission report 2200 people are missing so far.
Justice Qazi Faez Isa inquired is Aitzaz Ahsan in PPP still too.
Shoaib Shaheen replied yes he is still in PPP.
Shoaib Shaheen raised the matter of Sheikh Rashid, Sadaqat Abbasi and other enforced disappearances.
The CJP remarked have all these people become petitioners before us.
The CJP remarked had Shireen Mazari resigned if her bill on missing persons was removed from Senate. Sheikh Rashid has remained minister several times. Will you place Sheikh Rashid in the list of innocent persons.
The CJP remarked the matter of missing persons is of serious nature. We will not allow to make joke of court. The alleged missing persons of PTI are influential. Some among them have returned.
The CJP remarked you made mention of Imran Riaz. Who is he.Is Imran Riaz still missing.
Shoaib Shaheen replied he is not missing at present. But his condition was worse when he returned to his home.
The CJP inquired is Imran Riaz not influential person. Was Matti Ullah Jan not kidnapped. Why do you not include name of Matti Ullah Jan and Asad TOOR.
Shoaib Shaheen said he had appeared in the case of Matti Ullah Jan.
The CJP remarked it takes how much time in filing another petition. We cannot take action on presumptions. File petition about Baloch demonstrators.
The court adjourned hearing of the case till today (Wednesday).
