Missing persons: IHC rebukes inquiry commission, govt over inaction

ISLAMABAD: Islamabad High Court (IHC) bench comprising Justice Mohsin Akhtar Kayani, Justice Tariq Mahmood Jahangiri and Justice Arbab Muhammad Tahir heard the missing persons case again today.

During the proceedings, Justice Kayani inquired, “Has the majority order of the bench been implemented?” Additional Attorney General Munawar Dogal responded that the missing persons issue was placed before the federal cabinet. “The federal cabinet formed a sub-committee on the direction of the IHC,” he added.

Former SC Justice Faqir Khokar passes away

Justice Kayani said, “My position was that the committee members of the intelligence agencies should be summoned for an in-camera briefing. My fellow judges were of the view that the federal government should be given a chance first.”

Justice Kayani also spoke on the death of Justice Faqir Muhammad Khokhar saying, “the head of the Enforced Disappearances Inquiry Commission was our judge who passed away.”

He added, “The Enforced Disappearances Commission is not working; the federal government is not doing anything; someone has to look into it.”

“If the Enforced Disappearances Commission is not working, I think it should be closed,” Justice Kayani said, adding, “The sub-committee of the cabinet that was formed did not include people from the intelligence agencies.”

He reiterated, “My fellow judges were of the view that the federal cabinet should call the intelligence agencies and ask them themselves. All these things can be done by the Defense Minister and the Interior Minister, who are not in front of us.”

“Law enforcement agencies should address the tears of families of forcibly disappeared persons,” he said, adding, “If a missing person is a terrorist, then this too should be revealed by law enforcement agencies.”

The court said that operations are going on against Fitna al-Khawarij on a daily basis, adding “If a missing person died in a terrorist attack, was any data collected about them? Is there any mechanism in which agencies do all this work?”

Justice Kayani said, “It is also a matter of fact that if there are no law enforcement agencies, no one can protect us.” Justice Tahir added, “The Enforced Disappearances Inquiry Commission failed, so we are hearing these cases.”

Additional Attorney General replied, “I am grateful to the court for giving this responsibility to the federal government,” adding, “The court made the federal government realize [their responsibility], so now the government is looking into this issue seriously.”

Justice Kayani said, “Nothing happens here like the way it happens in civilized societies, that someone took responsibility for their failure, resigned and went home, be it the Enforced Disappearances Commission, law enforcement agencies or the prime minister.”

Justice Kayani said that no one realizes this unless their own [family member] is kidnapped. “The sub-committee of cabinet members and the committee comprising intelligence officers should hold a meeting,” he added.

Justice Kayani said that both the committees should call the families of those who are missing and hear their concerns at least. “How must the family of a person who has been missing for ten years be living. If someone is not alive, then his family should at least be compensated,” Justice Mohsin Akhtar Kayani added.

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He said that a committee has been formed which includes ministers who are accountable to the people. “The tears of the families of the forcibly disappeared persons should be addressed by the law enforcement agencies,” he added.

Justice Kayani said, “The court should not be so blind, nor should it be blinded. My stance is very clear, that whomever is a terrorist, I will call him a terrorist. And whomever is not a terrorist will have to be released. Agencies should also be given authority as per the law.”

He questioned that when the Counter-Terrorism Department (CTD) is protected by law, so why aren’t the Inter-Services Intelligence (ISI), the Military Intelligence (MI) and the Intelligence Bureau (IB). “When these institutions have the authority, then this missing persons issue will be resolved,” Justice Kayani added.

Addressing the Additional Attorney General, Justice Kayani said, “You have to give us a report on your performance every 15 days.” The counsel for families of missing persons, Imaan Mazari said, “I request the court that the government should not be given more time and those responsible should be identified.”

Justice Tahir responded, “All these actions are being taken to determine responsibility. We can call the committee to the court and they can come and brief us.”

The IHC adjourned the missing persons cases hearing until the first week of March. The court also summoned the Attorney General to assist in the upcoming hearing.