SC rejects Interior & Defence Mins reports on missing persons

ISLAMABAD Presidential spokesman, Farhatullah Babar, who appeared before the Supreme Court on Thursday in the Missing Persons case, informed the court that Prime Minister Syed Yousuf Raza Gilani intended to form a special commission to trace out the missing people of Pakistan. A three-judge bench, comprising Justice Javed Iqbal, Justice Raja Fayyaz Ahmed and Justice Sair Ali, was hearing the cases of missing persons for four years on petitions filed by the Human Rights Commission of Pakistan and Defence of Human Rights. During the course of proceedings, Farhatullah Babar, however, categorically said that he was appearing on behalf of one of the missing persons and not as a spokesman of President Asif Ali Zardari. At this point, Justice Sair Ali said, Then dual responsibility went on to your head to convey our message to government regarding concerns of Supreme Court in this case. Meanwhile, Attorney General Anwar Mansoor Khan put his suggestion before the court that a judicial commission may be constituted for the early recovery of mission persons. However, the court seemed far from convinced and Justice Javed Iqbal, asked the Attorney General to present an example of a positive outcome from any government commission. Justice Javed, who headed the bench, rejected not only the report presented by attorney general on behalf of Interior Ministry but also termed it mere paperwork being presented before the court. From 1947 only 'Hamood-ur-Rehman Commission Report in 1972 out of total 31 was result oriented, he explained, adding if a commission is formed then all provinces must be given equal representation. Meanwhile, Balochistans Chief Secretary informed the court that certain problems in tracing the missing ones can only be discussed during in-camera proceedings in the court. Justice Javed said the in-camera session was rejected as the Supreme Court felt that nothing should be kept secret from the public in the missing persons case. Advocate General Balochistan informed the court that due to various reasons, the authorities concerned were not able to trace the missing persons in the province. Invisible forces were being activated by someone (hinting towards foreign countries) in the province, which led to poor people going missing since former President Pervez Musharrafs era, one of the high rank officials of Balochistan police informed the court. On this point, Justice Javed remarked that if someone was involved in treason in the province then he/she will be tried according to the laws. Home Secretary NWFP informed the court that only 10 persons were missing in the province so far. Home Secretary Punjab told the court that 42 persons were missing and some 37 people were missed in Sindh, Home Secretary of the province told the court. The SP Rawalpindi informed the court that Masood Janjua, husband of Amina Masood Janjua, according to a column written in Urdu newspaper has passed away. The newspaper has given the reference of Malik Qayyum, who informed the writer, the SP said. Asma Jahangir, Chairperson Human Rights Commission of Pakistan informed the court that the role of intelligence agencies cannot be ignored in Missing Persons cases. She also raised the finger over the role of the sitting Director General ISI including his one-year extension the government planned to give him. Besides, the apex court rejected Defence Ministrys investigation report in the case of missing persons. The court ruled out the impression that the apex court cant enforce its decisions. Why the constitution was being breached when the rules and regulations have been set, Justice Tariq said adding that the government has not even bothered to change the words in the Missing Persons case reports. Justice Sair Ali also said that the reports showed the level of interest the government was taking in the case and its proceedings. During the course of proceedings, Justice Javed noted that the court would issue verdict in the above said case within a fortnight, adding that, action would also be ordered against the culprits in this regard. While the case of Mustafa Azam will be dealt with on next hearing as well as the report regarding missing persons in captivity of foreign countries will be presented before the court on 18th February.

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