ISLAMABAD - The Islamabad High Court Thursday directed the Secretary Interior to arrange an opportunity of audience for the petitioner, mother, wife and the three year old son of missing person Mudassar Mehmood with the federal cabinet i.e. the worth Prime Minister and its members. 
A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah issued the directions while hearing a petition moved by Rana Muhammad Akram, father of missing person Mudassar. 
Justice Athar also directed Deputy Attorney General to seek instructions and inform this Court on the next of hearing regarding the time and date for the audience. 
The petitioner Rana Ikram filed this petition saying that he is aggrieved due to the inability of the State to satisfy him regarding the status of his son, Mudassar Mehmood who went missing on 19.08.2018. 
He stated that despite filing a report, the concerned police station did not register a criminal case and in October, 2018, the petitioner submitted a petition before the Commission of Inquiry on Enforced Disappearances. Pursuant to proceedings initiated by the Commission, a belated criminal case was registered i.e. FIR No.208/2018 and Joint Investigation team was constituted but the petitioner asserts that its report was not provided to him.  The petitioner mentioned that the last hearing before the Commission was held on 09.04.2021 and the Commission has submitted a report.
Justice Athar noted in his order that the phenomenon of ‘enforced disappearances’ has not been alien in Pakistan. “It cannot be denied that deprivation of liberty of citizens by agents of the State or by persons or groups acting with the authorisation, support or acquiescence of the State has been acknowledged by public functionaries in several cases in the past. The phenomenon of ‘enforced disappearances’ definitely constitutes a grave crime against humanity,” added the IHC CJ. 
He continued that the positive constitutional obligation of a State to protect fundamental rights and to investigate and punish a perpetrator in accordance with law is grossly breached when the State and its functionaries assume the role of abductors. 
He maintained that the track record of the State and its functionaries regarding enforced disappearances has neither been flattering nor encouraging. It is on account of such a track record that the State and its functionaries have to discharge an onerous burden to satisfy the loved ones, particularly the dependents of the victim that it is not a case of ‘enforced disappearance.’ 
The bench also said, “The anguish and suffering of the close relatives and dependents cannot be comprehended when the conduct and attitude of State functionaries and institutions towards the victims does not manifest the intent and will of being guardians of the fundamental rights of the citizens. The reactions and conduct of the authorities becomes crucial when the alleged crime is brought to their attention.”
“Perusal of the record of the case in hand, manifests the failure of the State and its institutions to satisfy the parents, wife and a three-year-old child of Mudassar Mehmood that they were neither involved nor complacent in the alleged abduction. 
It appears to this Court that the reactions and attitudes of the authorities while dealing with the case has raised questions in the minds of the loved ones of Mudassar Mehmood regarding the role of the State and its involvement,” said the IHC bench. 
It added that prima facie, they have reason to believe that the State and its functionaries are involved in the alleged abduction. This may not be true but the way they have been dealt with has given the loved ones reasonable grounds to believe the involvement of the State and its functionaries’ in the alleged abduction of Mudassar Mehmood. 
The court said that it was, and continues to be a constitutional obligation of the State to satisfy Mudassar Mehmood’s parents, wife and his three-year-old child that its institutions and functionaries are not involved, directly or indirectly, in the alleged act of abduction.  It pointed out that the petitioner and loved ones of Mudassar Mehmood have reasonable grounds to believe that agencies under the control of the federal government are allegedly involved in his abduction. Keeping in view the track record of ‘enforced disappearances’ in Pakistan in the past, it is the duty of the federal government to reach out to the victims and assure them through the reactions and attitudes of public functionaries that the State is not involved and that it has the intent and will to protect the rights of its citizen.
“The buck stops at the worthy Prime Minister and members of the Federal Cabinet because collectively, they constitute the Federal Government. It is an onerous duty of the latter to dispel apprehensions and doubts of the petitioner and other loved ones of Mudassar Mehmood regarding involvement of the State or its institutions in his status as a missing person,” maintained the court. Later, it deferred the hearing till November 29 for further proceedings.