ISLAMABAD - Chief Justice of Supreme Court of Pakistan Qazi Faez Isa has asked the federal government to give in writing that there would be no more enforced disappearances in the country.
The chief justice sought this commitment from the government while he was heading a three-member bench comprising Justice Muhammad Ali Mazhar and Justice Musarrat Hilali during the hearing of the petitions of former PPP Senator Aitzaz Ahsan, human rights activist Amna Masood and others regarding the enforced disappearances.
“We do not want a statement from any section officer. The Government of Pakistan should give us in writing that no one will be illegally disappeared anymore,” the CJP said.
The Supreme Court of Pakistan Wednesday directed the Commission of Inquiry on Enforced Disappearances to submit a comprehensive report on the missing persons cases it received and disposed of.
Chief Justice Qazi Faez Isa said that peaceful protest is fundamental right of every citizen and the court does not want the tactics be employed by the government to deprive them of their rights. He also said that this right of citizens’ cannot be curtailed by the courts as well, unless the protesters are involved in violent unlawful activities.
The Chief Justice told the Registrar of the Commission that they do not want only the number of missing persons, we want each person’s name, his father name, and since how long he is missing.
Amna Masood informed the court that her husband Masood Janjua disappeared on 30-07- 2005 when he was travelling from Rawalpindi to Peshawar. She further told that her fatherin- law, who was a retired Colonel had discussed the matter with former army chief Pervez Musharraf and the then DG ISI, but they had apprised him that the institution had nothing to do with Masood disappearance.
Amna also informed that she had approached the Commission of Inquiry on Enforced Disappearances, which was notified by the federal government in 2010, but not satisfied with the Commission’s performance.
“I just want to know the truth for myself, for my children that what happened [to my husband],” Janjua said. Upon being inquired who should be approached for these answers, she said the military and the army chief should be questioned.
The CJP directed the Attorney General for Pakistan (AGP) Mansoor Usman Awan to present a report on the matter. “I don’t see why this government or those in charge of various institutions would want to assume responsibility if someone else earlier had done something illegal. There is every reason that if they have some information, they will tell you,” the judge remarked.
Justice Faez added that the concerned ministries in the matter would be the Ministry of Interior and the Ministry of Defence. The Commission of Inquiry is headed by Justice (retd) Javed Iqbal and comprises Justice (retd) Amaullah Khan Zai from Balochistan, Justice (retd) Zia Pervez from Sindh and Mohammad Sharif Virk, a retired police office.
Khalid Naeem, Registrar of the Commission, informed the court that the Commission has done considerable work and due to its efforts number of missing persons have been traced out. He submitted that the Commission has disposed of 7001 cases so far. He stated that if a member of the Commission is retired judge of Supreme Court then he gets salary package similar to that of a SC judge, but a member is retired judge of High Court then his salary equal to a judge of High Court. The bench noted that this is in addition to their pension. Aitzaz Ahsan suggested the Commission on missing persons be reconstituted and the serving judge of the Supreme Court should be its head. He requested the bench to direct the Commission to provide the detail of expenses incurred so far and the output of the Commission.
Justice Mazhar noted that the Commission was initially constituted for six months, but it is still functioning.
During the proceedings, Shoaib Shaheen, representing Aitzaz Ahsan, informed the court that anchorperson Imran Riaz Khan had contacted him the other day and said that he was willing to appear before the apex court and tell in detail about his abduction if the court provides him security.
At that the Chief Justice told him that Absar Alam picked up courage in Faizabad sit-in case and appeared before the court and gave his statement. He said that the apex court doesn’t have force, and if he wants to give statement, they would not stop him. “Please don’t start pleading cases of powerful people who are well-settled and have all the resources in the world and when they want, they can come to court. And when they don’t want, they don’t come to court. Don’t become their spokespersons,” the CJP lamented, adding that the PTI lawyer was making the case political. Later, the court adjourned the hearing of the case for two weeks.