missing persons case; The state has to change its mindset, Chief Justice

Islamabad: Chief Justice of Pakistan Justice Qazi Faiz Isa has remarked during the hearing of the missing persons case that the state has to change its mindset.

The missing persons case was heard in the Supreme Court by a three-member bench headed by Chief Justice Qazi Faiz Isa, in which Shoaib Shaheen, Amina Masood Janjua were also present. During the hearing, Aitzaz Ahsan’s lawyer Shoaib Shaheen started the arguments and referred to the past court decisions related to missing persons. He said that the role of agencies has also been written in detail in the Faizabad sit-in case.

The Chief Justice inquired what is the connection of missing persons with the Faizabad sit-in case, to which Shoaib Shaheen said that there is no direct mention of missing persons but there is a mention of the constitutional role of the agencies. The Chief Justice said that in the Faizabad dharna decision, the right to protest has been confirmed according to the law. A few days ago, the protestors were stopped. Shoaib Shaheen said that the court had asked to take action on blocking roads and damaging property. The Chief Justice said that it is surprising that you are referring to the Faizabad sit-in case, on which Shoaib Shaheen said that if every organization had worked within its limits, we would not have seen these days. Faizabad has stood by the dharna decision since day one.

During the hearing, referring to the case related to the kidnapping of Matiullah Jan, Shoaib Shaheen told the court that if the government and judiciary had not intervened at that time, Matiullah Jan would not have been released. On which the Chief Justice said that do not misrepresent. A video recording of the incident was made public. Either be afraid or run the government. This was a case that could be solved in 2 minutes. The government had no role in saving the life of Matiullah. The whole world saw it then it was left.

Amina Masood Janjua told the court during the hearing that my husband was kidnapped in 2005. My husband used to run his own business. The Chief Justice inquired that there is any reason in your mind as to why it was picked up?, to which Amina Masood Janjua said that the people who were released later told them. The Chief Justice asked if there was an order from above to pick up, to which Amina Masood Janjua replied that since 2001, many people have been picked up in the name of War on Terror.

The Chief Justice said that there was another case before this case. Absar Alam was talking to the media, he took courage and came to this court and spoke. The lawyer told Shoaib Shaheen that if Imran Riaz is called to court, he is ready to appear, the court should provide protection, on which the Chief Justice remarked that will we lay a carpet for anyone? If anyone has concerns, file an FIR. Do we have an army that will provide protection? Don’t make it a political arena.

The Chief Justice inquired what Sheikh Rasheed said to you. If Sheikh Rasheed can come to the court in the dharna case, the election case, why not in this case? On this occasion, Justice Musrat Hilali remarked that those who cannot speak for themselves, how will they speak for anyone?

Amina Masood Janjua told the court that my husband was declared dead by the Missing Persons Commission in 2013. Justice Musrat Hilali remarked that there are agencies, there are also anti-state elements. Amina Masood Janjua said that Imran Munir, who was later released, said that Masood Janjua is in ISI custody. It was told that the Taliban killed my husband in Waziristan.

The Chief Justice asked what we can do in this case. Tell us how we can help you?, to which Amina Masood Janjua said that my father-in-law retired from Colonel. My father-in-law met the top military officials but got this reply that we are not interested. For many years we have suffered mental agony. I just want to know the truth. Ask Army Chief General Asim Munir.

The Chief Justice said that those whom you have named, may be at the rank of Major at that time. Should we ask the government? Mr. Attorney General, please look into this matter. If something goes wrong, that too should come to light. Also check with Ministry of Interior and Ministry of Defence. Musharraf has also been accused, so ask the Defense Ministry. People were also raised in Argentina. The government came, he said.

The Chief Justice remarked that after 18 years, the truth should come out. When did the most people go missing?, to which Amna M. Saud Janjua said that the most people were picked up during the Musharraf era. In every era, people have been kidnapped and disappeared.

The Chief Justice said tell us about the missing persons. People talk in general. Tell us with the name. Tell us who are the old missing persons and the new missing persons? Now we can stop it so that no one will go missing. Will you give a statement that no one will be picked up without fulfilling the legal requirements?

The Chief Justice remarked that this is the responsibility of the Government of Pakistan. The case of missing persons in Balochistan is different. The problem of missing persons in KPK is different. In Balochistan, there were killings on communal basis as well. 6 people were killed in Waziristan. Those who kill fear no one. In this world, those people may not come under the grip of the law, but what will they answer in the hereafter? Balochistan was also killed on the basis of linguistics. The state also has to change its mindset.

The Chief Justice inquired that who is the head of the Missing Persons Commission, how old is he?, to which the Attorney General said that Justice (Retd) Javed Iqbal is the head of the Commission who is 77 years old. On this occasion, the registrar appeared in the Commission of Missing Persons Court, the court asked while talking, are you only taking salary? Justice Muhammad Ali Mazhar asked how often the commission meets, how many recoveries, to which the registrar commission replied that 46 people were recovered this month.

Justice Muhammad Ali Mazhar said that you have only written that the cases of 46 people have been dealt with, on which the Registrar Missing Persons Commission said that first a JIT is formed which includes people from secret agencies. The Chief Justice asked if anyone is satisfied with the performance of the Missing Persons Commission, upon which the lawyers and the relatives of the missing persons stated in the court that none of us are satisfied with the performance of the Missing Persons Commission.

The registrar told the court that the Missing Persons Commission who are judges of the Supreme Court or High Court judges get the same salary as High Court or Supreme Court judges. The Chief Justice inquired why they get so much money when they get pension? When the government hires services from a retired judge, he is not paid.

Latif Khosa told the court that the building bigger than the Supreme Court belongs to the missing persons commission. The Chief Justice inquired as to how the people of the Commission were appointed, to which the Attorney General said that the tenure of the representatives of the Commission continued to be extended over time. The Chief Justice said that where are the incentives mentioned in the SRO issued for the formation of the commission?

Justice Muhammad Ali Mazhar said that the commission was formed for 6 months. The time has come when the term of the commission was extended. Faisal Siddiqui said that the first head of the commission was Kamal Mansoor Alam. The Chief Justice remarked that when you do not know where the missing person is, how can a production order be issued. Justice Muhammad Ali Mazhar said that one should first know whose custody the missing person is. Faisal Siddiqui said that the Missing Persons Commission gave a statement in the Islamabad High Court and issued orders for the recovery of more than 645 people, on which Justice Muhammad Ali Mazhar said that the commission closed only 10 thousand cases.

The Chief Justice said that we are trying to find a solution to the problem. The government should respond to the commission’s production order. Give a detailed report on all production orders issued by the Commission.

Aitzaz Ahsan’s lawyer said that our request is to form a new empowered commission, to which the Chief Justice said that you are talking about forming a new commission, the commission has done some work. We require full details from the Missing Persons Commission with names and residential addresses. We can ask the government to reconstitute the commission.

Justice Muhammad Ali Mazhar said that how can we hear the case against the serving Supreme Court judge by making him the head of the commission? The Chief Justice remarked that many cases are already pending in the Supreme Court. How many judges there are, how many judicial benches are there, everyone knows. Commission is full time job not part time job. In sha Allah will make things better. The Chief Justice while speaking said that the commission you objected to was created by your own government.

The Attorney General said that a commission was formed under the chairmanship of Akhtar Mengal. They have prepared a report which is brought on the court record. Sadiq Sanjrani refused to head the commission. The Chief Justice said that we will not hear the personal issue, to which the Attorney General said that I need more time to get the report from the concerned agencies.

The Chief Justice remarked that in my opinion every institution should do its own work. I cannot ask the government to make so-and-so the head of the commission. Later, the Supreme Court started writing the written decree of the missing persons case.

According to the order, the Attorney General said that he wants to withdraw the appeal against the decision of the Islamabad High Court. Attorney General to submit detailed reply. Amina Masood Janjua’s husband went missing in 2005. Amina Masood Janjua approached the Missing Persons Commission. Amina Masood Janjua said that I am not satisfied with the performance of the Missing Persons Commission. Headed by Javed Iqbal, other members of the commission include retired High Court judges.

The Supreme Court wrote in the order that the registrar of the Missing Persons Commission, Khalid Naseem, said that the commission had recovered the people. On the application of Aitzaz Ahsan, the objections of the Registrar Supreme Court are overruled. A hearing was also held on the application of Khushdil Khan. On the request of Khushdil Khan, a personal matter was raised. The Supreme Court refused to hear the cases of Sheikh Rasheed, Sadaqat Abbasi, Usman Dar, Farrukh Habib, Azam Khan. We will focus only on missing persons in this case.

The Chief Justice remarked that if anyone has any excuse, he should come forward himself or he can approach the concerned courts. The court sought a detailed reply from the Missing Persons Commission and asked it to give a detailed reply regarding the production orders issued and non-implementation related to the recovery of all the missing persons.

The court further said in the order that if someone is protesting peacefully, it is their right. Force should not be used on peaceful protests. Peaceful protesters are not damaging government property. Appointed Advocate Faisal Siddiqui as Judicial Assistant. The commission will give a detailed reply in 10 days.

The court adjourned the next hearing of the case for two weeks.