SC larger bench to hear issue

ISLAMABAD The Supreme Court (SC) would constitute a larger bench to deliberate the matter of missing persons and take up pleas regularly, which had been left in halfway of October 2007, remarked Justice Javed Iqbal here on Wednesday. A three-member SC bench, headed by Justice Javed Iqbal, heard the cases of two missing persons, Mustafa Azam and Sher Khan Mengal. Justice Raja Fayyaz Ahmed and Justice Mohammad Sair Ali were other members of the bench. We have requested Chief Justice Iftikhar Muhammad Chaudhry to constitute a larger bench to register cases of missing persons and address miseries of their kith and kin, Justice Javed explained. Amina Masood Janjua, Chairperson Defence of Human Rights Pakistan, requested the apex court to take up the main petition of 416 missing persons seeking justice since 1999. During Wednesdays proceedings, the SC directed IGP Sindh to ask police investigation team to trace abducted Mustafa Azam, who is said to be in custody of law enforcement agencies. The court also directed IGP NWFP to cooperate with the team head by DIG Nabi Memon to find out the said person. The court also issued notice to DSP Qammar Zaidi for not appearing before the SC on Wednesday. Justice Javed expressed his grievance over performance of Sindh police when Azam, father of Mustafa Azam, informed the court that police despite passing of three year could not register FIR on his application. The petitioner had requested former president Pervez Musharraf, former prime minister Shaukat Aziz, ex-interior minister Aftab Ahmed Sherpao, Chief Justice of Pakistan, former Sindh chief minister Arbab Ghulam Rahim and Sindh Governor Ishratul Ibad Khan to provide him justice. IG Prisons Sindh Subhani stated that missing persons were involved in terrorist activities. On this statement, the court asked Advocate General Sindh Yousuf Leghari how he found that Mustafa was involved in Hayatabad blast. If someone is accused of being a terrorist, he should be tried in the court, however, investigation agencies do not follow the principle, Justice Sair Ali observed. Azam also informed the court that Sindh police compelled him to record his statement in favour of police. His son might be kidnapped on a plot issue, he said adding the accused were of the view that they might get plot by using such tactics. One lie makes ten other necessary, Justice Raja Fayyaz quoted when Subani exaggerated through various ways during the hearing. Meanwhile, in another plea, the SC summoned Farooq Awan, SSP Anti Crime Cell in Karachi, as appellant for allegedly taking ransom on recovery of some persons. Zufikar Mulaka Advocate, the counsel for Sher Khan Mengal, informed the court that CCPO Wasim wrote in an affidavit that the said person was in custody of agencies. The court ordered IGP Sindh to probe the matter thoroughly and submit a detailed repot by December 7. Earlier, the SC ordered Ministry of Interior to submit a comprehensive list of Pakistanis, who were handed over to other countries since 1999, indicating that the Interior Ministry has failed to devise any comprehensive strategy to recover missing persons. It was also observed that mystery of missing persons that raised various questions over credibility of the law enforcement agencies was a nuisance for Islamabad.

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