SC seeks written assurance from govt on ‘enforced disappearances’

ISLAMABAD: The Supreme Court (SC) of Pakistan has sought a written assurance from the federal government that henceforth, no one shall be picked up other than in accordance with the law, ARY News reported on Saturday.

The orders were passed as a three-member bench comprising Chief Justice of Pakistan (CJP) Qazi Faez Isa, Justice Muhammad Ali Mazhar and Justice Musarrat Hilali heard a set of pleas in connection with enforced disappearances case.

“The Federal Government is directed to submit undertaking in writing, signed by senior most officers of the concerned ministries, that henceforth no one shall be picked up other than in accordance with the law,” stated a written order of Jan 3 hearing issued today.

The apex court also directed the Commission of Inquiry on Enforced Disappearances to submit ‘comprehensive report’ on missing persons case, along with the details of all production orders issued.

“The Commission is directed to collate and submit: (a) the names with parentage and addresses of those who went missing, (b) name and relationship of the person who reported the missing person, (c) the date they went missing, (d) those who were in government in the Federation and the concerned province at that time, (e) whether the missing person was recovered or not, and (f) if not recovered the efforts, if any, taken to find out the whereabouts of the missing person. In addition, (g) all those in respect of whom production orders were issued but were not produced, and (h) what was the follow-up by the Commission when its production orders were not complied with,” stated the order.

According to the order, the ‘comprehensive report’ should be submitted to Attorney-General of Pakistan (AGP) within 10 days.

The written order stated that it would be appropriate if the budget, staff and resources of the Commission are disclosed, “as the people’s fundamental right, under Article 19A of the Constitution, grants them the right to information”.

Referring to Aitzaz Ahsan’s plea, the SC said that his petition attends to the matter of missing persons, but also refers to a few politically aligned persons who are stated to have been picked up and have since returned home.

“Those persons who have returned cannot be categorised as missing persons, in respect of whom writs of habeas corpus can be issued”, the order stated.

Moving on to ‘mishandling’ of Baloch protestors in Islamabad, the top court noted: “It was brought to our attention that during the court’s winter vacations the families of protesting missing persons at Islamabad were manhandled by police/law enforcement personnel.”

The Supreme Court noted that it took great exception to such high handedness because the right to peaceful protest is amongst the guaranteed fundamental rights which must be honoured in letter and spirit.