ISLAMABAD - The Supreme Court Friday accepted Human Rights Commission of Pakistan’s (HRCP) review petition on missing persons , saying it would be taken up with the Balochistan enforced disappeared persons’ case fixed on February 10.

A two-member bench comprising Justice Jawwad S Khawaja and Justice Dost Muhammad heard HRCP review petition on 240 missing persons .

Justice Dost Muhammad asked the HRCP that it should add in its prayer that legislation be made so that action should be taken against those who are involved in the enforced disappearance. Asma Jahangir replied: “Legislation is the domain of the parliament. Statement of several missing persons is on the record, saying that they have been picked up forcibly.”

The HRCP had filed a petition in 2007 regarding 240 missing persons and provided the lists of the disappeared people. But the apex court through a short order had rejected the petition in May 2013, and observed that the petitioner could pursue the matter before a commission established to deal with the issue of missing persons .

The HRCP later moved the Supreme Court to review an order disposing of a petition filed in 2007 for recovery of a large number of victims of enforced disappearance.

The HRCP was of the view that the short order did not address the grievances cited in the petition and has therefore filed a review. The HRCP also contended that the jurisdiction of the honourable court under Article 184 (3) could not be replaced by a commission, whose majority comprises non-judicial authorities, since the matter raised was of public importance and clearly involved violation of fundamental rights, the enforcement of which fell squarely within the jurisdiction of the Supreme Court.

The HRCP also noted that during hearings before the SC over six years a number of the disappeared persons on the list submitted by HRCP were produced in the court and had given statements regarding their illegal abduction and confinement and made allegations against the security forces.

The HRCP also noted that the court had also not so far rendered a detailed judgement on an important matter of violation of fundamental rights pending before it for the last six years, nor on the several hearings it had held and several statements it had recorded during the proceedings of the case over the last six years, which clearly identified the perpetrators of enforced disappearances.

HRCP also pointed out that its petition included a prayer for compensation for those who had involuntarily disappeared and reappeared, but the question of compensation does not find any mention in the judgement.