ISLAMABAD - The secretaries of ministries of interior and defence have been directed to be present in the court on every date of hearing of the missing persons case as they are being accused in the matter. Since interior and defence secretaries one or the other way are being accused in the matter, therefore, for the enforcement of fundamental rights of the missing persons they are required to be present in the court on each date of hearing, observed this a two-member bench of the apex court, comprising Justice Raja Fayyaz Ahmed and Justice Anwar Zaheer Jamali while hearing a suo moto cases on Monday. All the state functionaries, agencies and government officers come under the law and Constitution and they should act only and only in accordance with the law and Constitution. Violations may entail legal consequences if the mandate of the law is not adhered strictly. This court being an apex court of the country is obligated under the Constitution to ensure the rights of the citizens. If in a case any person is involved directly or indirectly in an act of terrorism. He should be brought before the court of law under the law and can be detained under security law. But no functionary or authority is competent to possibly detain, arrest or pick up any citizen unless there is sufficient material or evidence against that person. This court shall take due notice of it. The court stated all that wanted by aggrieved families of missing persons was that they had right to know the whereabouts of their loved ones. It is binding on every authority to trace the whereabouts of the missing persons. The court expressed dissatisfaction over a report of the Attorney General on missing persons and directed him to meet with top officials of the Inter Services Intelligence (ISI) and convey them about the matter. 50 percent case would get resolved in this manner, the court said. It noted that it was a case of public nature, thus it should be taken up in the Parliament. The heirs of the missing persons requested the court to order Attorney General to provide them copy of the report submitted by the inquiry commission on missing persons before the court. Attorney General Maulvi Anwarul Haq, however, told the court that some parts of the report were sensitive, thus it could not be provided to the petitioners and heirs of the missing persons. The court directed the Attorney General to inform about sensitive parts of the report and after excluding these parts, it should be provided to the petitioners and heirs of the missing persons on the next hearing. Justice Raja Fayyaz Ahmed observed that the Constitution guaranteed protection to all citizens, thus anyone including officials of spy agencies, against whom abduction case is proved, would be tried under the criminal charges. He said the court being guardian of the Constitution could not shut its eyes on its violations. In these circumstances, who would say, we live in a civilized society, he observed. The court said unless all the missing persons are recovered, the court would continue hearing in the missing persons case. Justice Raja Fayyaz said had the secret agencies followed the law and the Constitution, this situation would not have emerged. Supreme Court Bar Association (SCBA) President Asma Jahangir told the court that four persons were allegedly abducted on December 21, 2010. She said total number of missing persons was 235 and out of which 174 had so far been recovered. She said secret agencies were violating the Constitution and law. She said courts orders were not being implemented. The SCBA President said action was not being taken against the responsible quarters. While addressing the Attorney General, the court said: It is the worst kind of mental torture, when someone does not know about the whereabouts of his loved one. Do you want, we should pass orders against ISI and summon its Director General. The court said that the court was empowered to summon ISI Director General and no one could stop it from doing so. Later the court adjourned the hearing till January 27, 2011. Agencies add: The Supreme Court on Monday in its order on pending missing persons cases observed that law enforcing and secret agencies should desist from such practices which were not permissible under laws except following legal procedure for addressing criminal issues. The two-member bench noted in its order that no official or state functionary was competent to arrest or lift any citizen unless there was sufficient material on record, otherwise, appropriate action would be taken for violation of the laws. The bench said 'all state functionaries, agencies and government functionaries are subject to law and constitution and they are supposed to act only in accordance with the law and to obey command of constitution. The violation of such orders might entail legal consequences, as laws should be strictly adhered to, the bench warned. The bench also observed that in few months the number of cases of missing persons had accelerated which was an indication that there existed no law.