Pakistan’s Supreme Court Increases Push on Missing Persons Case
The Supreme Court of Pakistan is increasing the drive it makes to address the much-maligned issue of enforced disappearance. This is a question that has raised very important concerns over human rights within the country. On Tuesday, the Supreme Court’s Constitutional Bench issued a notice to the Interior Minister of Pakistan, Attorney General, and other relevant parties in view of submitting reports on the missing persons case. The notice had been issued after the petition from former senator and senior lawyer Aitzaz Ahsan in October 2023, challenging the illegal practice of enforced disappearances.
Background to the Case
Ahsan’s petition, which was dismissed by the court as an “individual grievance” in November 2023, brought forth the question of public importance, especially regarding the practice of enforced disappearances. Though the petition was returned initially, it brought forth the scale and significance of the issue, especially in conflict-ridden areas like Balochistan.
Active Involvement of the Supreme Court
In January 2024, the Supreme Court had passed an order that asked the Commission of Inquiry on Enforced Disappearances to submit a comprehensive report regarding missing persons and production orders relevant to them. On Tuesday, the six-member Constitutional Bench headed by Justice Aminuddin Khan continued its pursuit of this case, investigating different dimensions of the issue. Advocates Latif Khosa and Faisal Siddiqui appeared on behalf of the petitioner, Ahsan, presenting arguments on the urgency of addressing the missing persons issue.
Court’s Strong Emphasis on Parliamentary Involvement
During the hearing, Justice Jamal Khan Mandokhel noted that the parliament joint sitting could speed up the resolution. He further emphasized that missing persons case is not only a case of law but has implications which concern the very life span of thousands of individuals. Here, the court also remarked that parliament must take up the gauntlet to resolve the issue, and rhetoric would not achieve the task.
Deputy Attorney General Javed Iqbal Younis told the court that the cabinet had already taken some steps by forming a sub-committee to address the issue. However, the court pointed out that further action beyond mere discussions is required.
Missing Persons Commission’s Progress
Justices Muhammad Ali Mazhar and Hassan Rizvi asked why no progress had been done so far in the probes. The court asked the Commission of Inquiry on Enforced Disappearances as to how many missing persons the body had traced and also whether it had any information concerning the identity of the kidnappers who were behind their disappearance.
Despite the assurance given by the attorney general, the court observed that the issue of missing persons is still persisting, without any solution on the horizon. Advocate Khosa also drew attention to the fact that many missing persons’ cases actually hailed from Balochistan, highlighting regional dimensions too.
Court’s Future Action
In conclusion, Justice Mandokhel called for a more serious and cooperative effort from all stakeholders, including the government, parliament, and judicial bodies, to resolve the issue of missing persons. The court has adjourned the case to next week, signaling that the judicial system is committed to pushing for a lasting solution.
This case remains a critical human rights issue in Pakistan, and the Supreme Court’s active involvement is expected to continue shedding light on practice regarding enforced disappearance in the country.