| Justice Athar Minallah says if PM is helpless then constitution holds him responsible

ISLAMABAD   -   Expressing his displeasure over non-implementation of court’s orders, Chief Justice of the Islamabad High Court (IHC) Justice Athar Minallah Friday remarked that the state was involved in the practice of enforced disappearances and if prime minister is helpless in this matter then the Constitution holds him responsible.

The IHC Chief Justice made the remarks while hearing five identical petitions for the recovery of missing persons including the journalist Mudassir Naro and summoned the Attorney General for Pakistan (AGP) to appear before the court in person on the next hearing.

Previously, the same IHC bench had directed the federal government to issue notices to General (retd) Pervez Musharraf and all other successor Chief Executives i.e the former Prime Ministers, including the incumbent holder of the office in the matter of enforced disappearances. During the hearing, the IHC chief justice stated that police were involved in extrajudicial killings while government agencies were blamed for abducting people. He added that every day people are being disappeared but no one bothers. If the prime minister is helpless, then the constitution holds him responsible.

He lamented that the federal government had not taken missing persons’ cases seriously. He asked from the deputy attorney general that why people were still being “picked up” and what steps has the federal government taken and who is responsible for this phenomenon.

The deputy attorney general replied that the federal cabinet had constituted a committee on missing persons and would make recommendations on missing persons’ cases.

Then Justice Athar asked from him that whether the government had taken affidavits from former chief executives, including former president General Pervez Musharraf. The deputy attorney general stated that the affidavits were under the purview of the attorney general and he is currently abroad and if given some time, will present arguments on this issue.

The chief justice expressed his disappointment with the conduct of the state and remarked that relevant parties were not giving the issue apt significance. He added that today, the federal government has proved that it is not serious about such a big issue,” he added.

The IHCCJ remarked that it appears that the government has failed to act on the court orders and directed the government to ensure the implementation of the May 25 court order. The bench also directed the government to investigate the cases of missing people.

Justice Athar said that you are proving that disappearing people has been the policy of the state since the days of General Musharraf. The judge reminded the DAG that the court had ordered that notices be served on former president Musharraf and all subsequent prime ministers. He asked that where these notices and affidavits were.

The Chief Justice said that it was a critical issue, but the government’s response was appalling. The court then directed the interior ministry to ensure implementation of the May 25 order and said that no further adjournment would be given in the case and the parties should prepare arguments. Later, the bench deferred the hearing in this matter till July 4 for further proceedings.